Opinion
DOCKET NO. CA 15-01958
12-22-2015
MALACHI FICEK, CLAIMANT-RESPONDENT, v. AKRON CENTRAL SCHOOL DISTRICT, NIAGARA COUNTY COMMUNITY COLLEGE, SALAMANCA CITY CENTRAL SCHOOL DISTRICT, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS.
PRESENT:
Claimant having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 06, 2015, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmations of John I. LaMancuso, Esq., received November 16, 2015, and December 18, 2015, the notice of motion with proof of service thereof, the affirmation of Brenna C. Gubala, Esq., dated November 17, 2015, and the affirmation of Christine Gasser, Esq., dated November 30, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeals taken by Akron Central School District and Salamanca City Central School District, and those appeals are dismissed without further order unless the appeals are perfected on or before February 22, 2016, and
It is further ORDERED that the motion is granted insofar as it seeks to dismiss the appeal taken by Niagara County Community College, and that appeal is hereby dismissed without costs.
Entered: December 22, 2015
Frances E. Cafarell, Clerk