IN THE MATTER OF MAUREEN CLEARY SCHAEFFER, JULIE MARY CLEARY, AND KATHLEEN M. HORRIGAN V COMMON COUNCIL OF THE CITY OF

IN THE MATTER OF MAUREEN CLEARY SCHAEFFER, JULIE MARY CLEARY, AND KATHLEEN M. HORRIGAN V COMMON COUNCIL OF THE CITY OF

Motion No: CA 08-00809

Slip Opinion No: 2008 NYSlipOp 71429(U)

Decided on May 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.

May 5, 2008

DOCKET NO. CA 08-00809

IN THE MATTER OF MAUREEN CLEARY SCHAEFFER, JULIE MARY
CLEARY, AND KATHLEEN M. HORRIGAN, PETITIONERS-APPELLANTS,
V
COMMON COUNCIL OF THE CITY OF BUFFALO, PLANNING BOARD OF
THE CITY OF BUFFALO, ZONING BOARD OF APPEALS OF THE CITY OF
BUFFALO, AND RIVER WRIGHT, LLC, RESPONDENTS-RESPONDENTS.

Respondent River Wright, LLC 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 Erie on December 18, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Angela M. Demerle dated April 14, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Arthur J. Giacolone dated April 22, 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 July 3, 2008.

Entered: May 5, 2008

JoAnn M. Wahl, Clerk