IN THE MATTER OF STEPHEN HURST V TOWN OF GEDDES ZONING BOARD OF APPEALS AND PETER J. ALBRIGO, AS CODE ENFORCEMENT
Motion No: CA 08-01876
Slip Opinion No: 2008 NYSlipOp 83912(U)
Decided on September 22, 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.


September 22, 2008

DOCKET NO. CA 08-01876

IN THE MATTER OF STEPHEN HURST, PETITIONER-APPELLANT,

V

TOWN OF GEDDES ZONING BOARD OF APPEALS AND PETER J.

ALBRIGO, AS CODE ENFORCEMENT OFFICER OF THE TOWN OF GEDDES,

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 Onondaga on June 2, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Nadine C. Bell sworn to September 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Anthony R. Martoccia dated September 15, 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 21, 2008.

Entered: September 22, 2008

JoAnn M. Wahl, Clerk