| MATTER OF BRIAN YAEGER AND BRUCE YAEGER V TOWN OF LOCKPORT PLANNING BOARD, TOWN OF LOCKPORT ZONING BOARD OF APPEALS |
| Motion No: CA 08-00283 |
| Slip Opinion No: 2008 NYSlipOp 71433(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. |
DOCKET NO. CA 08-00283
| MATTER OF BRIAN YAEGER AND BRUCE YAEGER,
PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT PLANNING BOARD, TOWN OF LOCKPORT ZONING BOARD OF APPEALS, AND MCDONALD'S USA,
LLC, RESPONDENTS-RESPONDENTS. |
Respondent McDonald's USA, LLC 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 Niagara on October 4, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sean W. Hopkins sworn to March 31, 2008, the notice of motion with proof of service thereof, the affidavit of Michael J. Norris sworn to April 22, 2008, the opposing affirmation of David J. Seeger dated May 2, 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 June 6, 2008.
Entered: May 5, 2008
JoAnn M. Wahl, Clerk