*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1424

CA 11-00656

PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ. DOMINICK CALHOUN, BY AND THROUGH HIS NEXT

FRIEND, THE CHILDREN’S RIGHTS INITIATIVE, INC.,

PLAINTIFF-APPELLANT,

V ORDER ILION CENTRAL SCHOOL DISTRICT, CHRISTINE RUFF,

PETER BUTCHKO, JOHN DOE(S) AND JANE DOE(S), DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

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. 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.

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