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AMANDA C.S. v. STEARNS

49 A.D.3d 1227 (2008)

853 N.Y.S.2d 771

AMANDA C.S., Respondent, v. SCOTT STEARNS, Defendant, and JOSEPH COLLEA, as Principal of Ilion High School, et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 14, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages allegedly resulting from an inappropriate sexual relationship with her high school guidance counselor, defendant Scott Stearns. Defendants-appellants (defendants) moved to dismiss the complaint against them pursuant to CPLR 3216, for failure to prosecute. We conclude...

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