| IN THE MATTER OF MARGARET M. POTTER, JOSEPH J. GELSOMINO, JOHN S. HUGHES, JANE B. ROBBINS, PETER T. WESTPHAL, AND |
| Motion No: CA 08-01727 |
| Slip Opinion No: 2008 NYSlipOp 82258(U) |
| Decided on September 2, 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 08-01727
| IN THE MATTER OF MARGARET M. POTTER, JOSEPH J. GELSOMINO, JOHN S.
HUGHES, JANE B. ROBBINS, PETER T. WESTPHAL, AND ARTHUR J. GIACALONE, PETITIONERS-APPELLANTS, V TOWN BOARD OF THE TOWN OF
AURORA, MARTHA L. LIBROCK, AS TOWN CLERK OF THE TOWN OF AURORA, AND 300 GLEED AVENUE, LLC,
RESPONDENTS-RESPONDENTS. |
Respondents 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 Erie on March 19, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ronald P. Bennett sworn to July 31, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Arthur J. Giacalone dated August 19, 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 November 3, 2008.
Entered: September 2, 2008
JoAnn M. Wahl, Clerk