Opinion
DOCKET NO. CA 15-02079
01-13-2016
WILLIAM E. HAMILTON, PETITIONER-APPELLANT, v. THE BOARD OF EDUCATION OF THE JORDAN-ELEBRIDGE CENTRAL SCHOOL DISTRICT, MARY L. ALLEY, DIANA M. FOOTE, JEANNE E. PIEKLIK, PENNY L. FEENEY, CONSTANCE E. DRAKE, SUSAN A. GORTON, PAULA L. VANMINOS, LAWRENCE J. ZACHER, JAMES R. FROIO, DANNY L. MEVEC, ALICIA MATTIE, AND MARY MADONNA, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents having moved to dismiss the appeal taken herein from a "decision and order" of the Supreme Court dated July 16, 2015, on the ground that the document appealed is not appealable pursuant to CPLR 5512 (a), or, in the alternative, dismiss for failure to timely perfect the appeal,
Now, upon reading and filing the affirmation of Brian J. Butler, Esq., dated December 1, 2015, the statement and affirmation of Danny L. Mevec, Esq., dated December 8, and December 16, 2015, the notice of motion with proof of service thereof, and the affirmation of Stephen Ciotoli, Esq., dated December 10, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal pursuant to CPLR 5512 (a), and
It is further ORDERED that the notice of appeal from the "decision and order" is deemed to be a valid appeal taken from the order and judgment entered August 7, 2015 (see CPLR 5520 [c]; Kerner v Kerner, 262 AD2d 1082 [4th Dept 1999]), and
It is further ORDERED that the motion to dismiss for failure to perfect timely the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 14, 2016.
Entered: January 13, 2016
Frances E. Cafarell, Clerk