| IN THE MATTER OF PATRICIA TYRIE, DONALD FITCH, KELLY SPAGNOLA, MATT SPAGNOLA, DAVID DELLES, ANN DELLES, SAMUEL CERNARO |
| Motion No: CA 07-02396 |
| Slip Opinion No: 2007 NYSlipOp 84695(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. |
DOCKET NO. CA 07-02396
| IN THE MATTER OF PATRICIA TYRIE, DONALD FITCH, KELLY SPAGNOLA, MATT
SPAGNOLA, DAVID DELLES, ANN DELLES, SAMUEL CERNARO, MARYLOU CERNARO, OSWEGO BUSINESS OWNERS, INC., AND THE ONTARIO HEIGHTS
HOMEOWNERS ASSOCIATION, PETITIONERS-APPELLANTS, V TOWN OF OSWEGO ZONING BOARD OF APPEALS AND UNITED GROUP
DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS. |
Respondent Town of Oswego Zoning Board of Appeals having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on August 9, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Stephen G. Pesarchick sworn to
November 15, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Scott F. Chatfield dated November 23, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
December 27, 2007.
Entered: November 27, 2007
JoAnn M. Wahl, Clerk