Calhoun v Ilion Cent. School Dist.

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Calhoun v Ilion Cent. School Dist. 2011 NY Slip Op 09742 Decided on December 30, 2011 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.
1424 CA 11-00656

[*1]DOMINICK CALHOUN, BY AND THROUGH HIS NEXT FRIEND, THE CHILDREN'S RIGHTS INITIATIVE, INC., PLAINTIFF-APPELLANT,

v

ILION CENTRAL SCHOOL DISTRICT, CHRISTINE RUFF, PETER BUTCHKO, JOHN DOE(S) AND JANE DOE(S), DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)


Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered October 15, 2010. The order granted the motion of defendants to dismiss and/or for summary judgment and dismissed the complaint.


THE CHILDREN'S RIGHTS INITIATIVE, INC., ROME (BETH A. LOCKHART OF COUNSEL), FOR PLAINTIFF-APPELLANT.
THE LAW FIRM OF FRANK W. MILLER, EAST SYRACUSE (J. RYAN HATCH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.


It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).
Entered: December 30, 2011
Frances E. Cafarell
Clerk of the Court

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