IN THE MATTER OF THOMAS ANDERSON, DAVID CAPONE, CHARLES COPELAND, JACK GRECO, TOM GRECO, BRIAN LYNCH, LEANNE LYNCH
Motion No: CA 08-00311
Slip Opinion No: 2008 NYSlipOp 66136(U)
Decided on March 5, 2008
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.


March 5, 2008

DOCKET NO. CA 08-00311

IN THE MATTER OF THOMAS ANDERSON, DAVID CAPONE, CHARLES

COPELAND, JACK GRECO, TOM GRECO, BRIAN LYNCH,

LEANNE LYNCH, ROCHESTER AIR CENTER, JAMES SICKLES, AND

UNION PROCESSING CORPORATION, PETITIONERS-APPELLANTS,

V

TOWN OF CHILI PLANNING BOARD AND METALICO ROCHESTER, INC.,

RESPONDENTS-RESPONDENTS.


Respondent Metalico Rochester, Inc. having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 18, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Russell I. Zuckerman dated

February 14, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Janet D. Callahan dated February 28, 2008,

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

April 11, 2008.

Entered: March 5, 2008

JoAnn M. Wahl, Clerk