| MATTER OF KENNETH H. FRIEDHABER ELIZABETH WAGNER, MARK MOORE, NADJA LASKA, CYNTHIA A. BLAIR, KENNETH J. BLAIR V TOWN |
| Motion No: CA 07-02495 |
| Slip Opinion No: 2008 NYSlipOp 72743(U) |
| Decided on May 19, 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 07-02495
| MATTER OF KENNETH H. FRIEDHABER, PETITIONER, ELIZABETH WAGNER, MARK
MOORE, NADJA LASKA, CYNTHIA A. BLAIR, KENNETH J. BLAIR, PETITIONERS-APPELLANTS, V TOWN BOARD OF THE TOWN OF SHELDON, ZONING
BOARD OF APPEALS OF TOWN OF SHELDON AND SHELDON ENERGY, LLC, RESPONDENTS-RESPONDENTS. |
Respondent Sheldon Energy LLC 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 Wyoming on October 24, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jill L. Yonkers dated May 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Arthur J. Giacalone dated May 13, 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 18, 2008.
Entered: May 19, 2008
JoAnn M. Wahl, Clerk