| Matter of Fisher v Board of Educ. of Watertown City School Dist. |
| 2006 NY Slip Op 04531 |
| Decided on June 9, 2006 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
462 CA 05-01628
[*1]MATTER OF CHARLES FISHER, ON BEHALF OF HIMSELF AND AS REPRESENTATIVE OF A CLASS OF ALL OTHERS SIMILARLY SITUATED, PETITIONER-RESPONDENT, ORDER
v
BOARD OF EDUCATION OF WATERTOWN CITY SCHOOL DISTRICT, ROBERT E. REARDON, IN HIS CAPACITY AS SUPERINTENDENT OF WATERTOWN CITY SCHOOL DISTRICT, MARILYN H. TRAINOR, IN HER CAPACITY AS INTERIM SUPERINTENDENT OF WATERTOWN CITY SCHOOL DISTRICT, AND WATERTOWN CITY SCHOOL DISTRICT, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)
v
BOARD OF EDUCATION OF WATERTOWN CITY SCHOOL DISTRICT, ROBERT E. REARDON, IN HIS CAPACITY AS SUPERINTENDENT OF WATERTOWN CITY SCHOOL DISTRICT, MARILYN H. TRAINOR, IN HER CAPACITY AS INTERIM SUPERINTENDENT OF WATERTOWN CITY SCHOOL DISTRICT, AND WATERTOWN CITY SCHOOL DISTRICT, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered January 20, 2005 in a proceeding pursuant to CPLR article 78. The order, among other things, granted the motion of petitioner for leave to serve late notices of claim on behalf of himself and as representative of a class of all others similarly situated.
MATTHEW R. FLETCHER, CAYUGA, FOR RESPONDENTS-APPELLANTS.
NANCY E. HOFFMAN, ALBANY (PAUL S. BAMBERGER OF COUNSEL), FOR PETITIONER-RESPONDENT.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5701 [b] [1]).
Entered: June 9, 2006
Clerk of the Court