Matter of Fisher v Board of Educ. of Watertown City School Dist. (2006 NY Slip Op 04531)

Matter of Fisher v Board of Educ. of Watertown City School Dist.

2006 NY Slip Op 04531 [30 AD3d 967]

June 9, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 23, 2006

In the Matter of Charles Fisher, on Behalf of Himself and as Representative of a Class of all Others Similarly Situated, Respondent, v Board of Education of Watertown City School District et al., Appellants. (Appeal No. 1.)

—[*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.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.