IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS OF SARDINIA, LOIS KITTLESON, FLORENCE A.

IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS OF SARDINIA, LOIS KITTLESON, FLORENCE A.

Motion No: CA 07-02364

Slip Opinion No: 2007 NYSlipOp 84688(U)

Decided on November 27, 2007

Appellate Division, Fourth Department, Motion Decision

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

This motion is uncorrected and is not subject to publication in the Official Reports.

November 27, 2007

DOCKET NO. CA 07-02364

IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF
CONCERNED CITIZENS OF SARDINIA, LOIS KITTLESON, FLORENCE A.
TAVERNIER, THOMAS D. TAVERNIER, AND SHEILA L. VRENNA,
PETITIONERS-APPELLANTS,
V
TOWN BOARD OF THE TOWN OF SARDINIA, TOWN PLANNING BOARD OF
THE TOWN OF SARDINIA, NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, C.I.D. LANDFILL, INC., WASTE
MANAGEMENT OF NEW YORK, LLC, AND WASTE MANAGEMENT OF NEW
JERSEY, INC, RESPONDENTS-RESPONDENTS.

Respondents C.I.D. Landfill, Inc., Waste Management of New York, LLC, Waste Management of New Jersey, Inc., and New York State Department of Environmental Conservation having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 27, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Richard T. Sullivan dated

November 7, 2007, the affirmation of Jane C. Cameron dated November 23, 2007, the notices of motion with proof of service thereof, the opposing affidavit of J. Michael Lennon sworn to November 20, 2007,

It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before

January 28, 2008.

Entered: November 27, 2007

JoAnn M. Wahl, Clerk