Kirsch v. Bd. of Educ. of Williamsville Cent. Sch. Dist.

Full title: IN THE MATTER OF KIM A. KIRSCH AND MICHAEL A. STARVAGGI…

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

Date published: Nov 23, 2016

2016 N.Y. Slip Op. 92430 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-02059

11-23-2016

IN THE MATTER OF KIM A. KIRSCH AND MICHAEL A. STARVAGGI, PETITIONERS-RESPONDENTS, v. BOARD OF EDUCATION OF WILLIAMSVILLE CENTRAL SCHOOL DISTRICT AND WILLIAMSVILLE CENTRAL SCHOOL DISTRICT, RESPONDENTS-APPELLANTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Petitioners 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 March 3, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Stanley J. Silverstone, Esq., dated November 8, 2016, the notice of motion with proof of service thereof, and the affidavit of Kristin Klein Wheaton, Esq., sworn to November 16, 2016, 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 December 23, 2016.

Entered: November 23, 2016

Frances E. Cafarell, Clerk