| IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS OF SARDINIA V TOWN OF SARDINIA, - . |
| Motion No: CA 08-02551 |
| Slip Opinion No: 2008 NYSlipOp 92889(U) |
| Decided on December 23, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02551
| IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS
OF SARDINIA, PETITIONER-RESPONDENT, V TOWN OF SARDINIA, RESPONDENT-APPELLANT, ET AL.,
RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2008,
Now, upon reading and filing the affidavit of Anthony DiFilippo, III sworn to December 8, 2008, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Lennon sworn to December 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before February 13, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk