MATTER OF FOX AUTO GROUP, INC., AND W.A.B. MANAGEMENT, LLC V TOWN OF ERWIN, RITA MCCARTHY, TOWN MANAGER OF THE TOWN OF

MATTER OF FOX AUTO GROUP, INC., AND W.A.B. MANAGEMENT, LLC V TOWN OF ERWIN, RITA MCCARTHY, TOWN MANAGER OF THE TOWN OF

Motion No: CA 08-00442

Slip Opinion No: 2008 NYSlipOp 67652(U)

Decided on March 24, 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 24, 2008

DOCKET NO. CA 08-00442

MATTER OF FOX AUTO GROUP, INC., AND W.A.B. MANAGEMENT,
LLC, PETITIONERS-APPELLANTS,
V
TOWN OF ERWIN, RITA MCCARTHY, TOWN MANAGER OF THE TOWN OF
ERWIN, DOUGLAS C. WICKS, CHIEF CODE ENFORCEMENT OFFICER OF
THE TOWN OF ERWIN, AND ZONING BOARD OF APPEALS OF THE TOWN
OF ERWIN, RESPONDENTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on

November 8, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Pamela Doyle Gee sworn to

February 26, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan J. Knauf dated March 20, 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 24, 2008.

Entered: March 24, 2008

JoAnn M. Wahl, Clerk