Kingston v. Cardinal O'Hara High Sch.

Full title: PATRICK KINGSTON, PLAINTIFF-APPELLANT, v. CARDINAL O'HARA HIGH SCHOOL, THE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 5, 2016

2016 N.Y. Slip Op. 60551 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-02041

01-05-2016

PATRICK KINGSTON, PLAINTIFF-APPELLANT, v. CARDINAL O'HARA HIGH SCHOOL, THE DIOCESE OF BUFFALO, N.Y., THE BOYS AND GIRLS CLUB OF THE NORTHTOWNS FOUNDATION, INC., DEFENDANTS-RESPONDENTS.

SMITH, A.P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

PRESENT:

Respondents Cardinal O'Hara High School and The Diocese of Buffalo, N.Y. 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 September 10, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Katie L. Renda, Esq., dated December 3, 2015, the notice of motion with proof of service thereof, the affidavit of Anne M. Wheeler, Esq., sworn to December 15, 2015, and the affidavit of Michael E. Appelbaum, Esq., sworn to December 16, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 7, 2016.

Entered: January 5, 2016

Frances E. Cafarell, Clerk