Opinion
DOCKET NO. CA 16-00664
05-23-2016
NAKITA HARRIS, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF MYRA HARRIS, PLAINTIFF-APPELLANT, v. CITY OF BUFFALO, BUFFALO BOARD OF EDUCATION, BUFFALO PUBLIC SCHOOL #53, THE AFTER SCHOOL PROGRAM AND THE DIRECTOR OF THE AFTER SCHOOL PROGRAM (JOINTLY AND SEVERALLY), DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, on the ground that appellant failed to timely take and perfect the appeal,
Now, upon reading and filing the affirmation of David M. Lee, Esq., dated April 28, 2016, the notice of motion with proof of service thereof, and the affirmation of James P. Davis, Esq., received May 4, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and the appeal is deemed to have been timely served on July 24, 2015, and timely perfected on April 25, 2016 (see CPLR 5520 [a]; 22 NYCRR 1000.12 [b]; General Construction Law 25-a [1]).
Entered: May 23, 2016
Frances E. Cafarell, Clerk