| IN THE MATTER OF RICHARD J. SHERWOOD V TOWN OF LANCASTER, TOWN OF LANCASTER TOWN BOARD, ROBERT H. GIZA, SUPERVISOR |
| Motion No: CA 09-00883 |
| Slip Opinion No: 2009 NY Slip Op 72928(U) |
| Decided on May 19, 2009 |
| 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 09-00883
| IN THE MATTER OF RICHARD J. SHERWOOD, PETITIONER-APPELLANT, V
TOWN OF LANCASTER, TOWN OF LANCASTER TOWN BOARD, ROBERT H. GIZA, SUPERVISOR, DONNA STEMPNIAK, COUNCILMEMBER, RONALD
RUFFINO, COUNCILMEMBER, AND JOHN ABRAHAM, COUNCILMEMBER, RESPONDENTS-RESPONDENTS. |
Respondents 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 Erie on January 29, 2009, on the ground that the notice of appeal was not served timely, and appellant having cross-moved for an extension of time to serve the notice of appeal,
Now, upon reading and filing the affirmation of Joshua Feinstein dated April 30, 2009, the notice of motion with proof of service thereof, the opposing affidavits of Richard J. Sherwood sworn to May 6, 2009, the opposing affidavits of Lynn Carbone sworn to May 6, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Joshua Feinstein dated May 7, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED the cross motion be, and the same hereby is, granted nunc pro tunc (see CPLR 5520 [a]).
Entered: May 19, 2009
Patricia L. Morgan, Clerk