Opinion
Motion No: CA 11-01838 CA 11-01839
09-19-2011
KEVIN J. VIVYAN AND TERRI L. VIVYAN, PLAINTIFFS-APPELLANTS, v. THE ILION CENTRAL SCHOOL DISTRICT, THE BOARD OF EDUCATION OF THE ILION CENTRAL SCHOOL DISTRICT, AND ILION MEMORIAL POST #920, AMERICAN LEGION, INC., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Ilion Memorial Post #920, American Legion, Inc., having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on April 29, 2011, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavits of Matthew J. Kelly, Esq., sworn to August 29, 2011, and September 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Douglas G. Roberts, Esq., sworn to September 6, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 18, 2011.
Patricia L. Morgan, Clerk