Opinion
Motion No: CA 12-00171
02-02-2012
HERBERT KOLBE, LYNNE NICHOLAS, JOANN SEEFELDT, PHYLLIS HARRIS, AND JAMES REINEKE, PLAINTIFFS-RESPONDENTS, v. CHRISTINE J. TIBBETTS, AS SUPERINTENDENT OF SCHOOLS OF THE NEWFANE CENTRAL SCHOOL DISTRICT, JAMES REINEKE, AS PRESIDENT OF THE NEWFANE BOARD OF EDUCATION, NEWFANE BOARD OF EDUCATION AND NEWFANE CENTRAL SCHOOL DISTRICT, DEFENDANTS-APPELLANTS.
PRESENT: , P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondents having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 18, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Terry M. Sugrue, Esq., sworn to January 17, 2012, the notice of motion with proof of service thereof, and the affirmation of Benjamin K. Ahlstrom, Esq., dated January 26, 2012, 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 April 16, 2012.
Frances E. Cafarell, Clerk