| IN THE MATTER OF ALFRED T. COPPOLA V ZONING BOARD OF APPEALS OF THE CITY OF BUFFALO |
| Motion No: CA 09-02082 |
| Slip Opinion No: 2009 NY Slip Op 87813(U) |
| Decided on November 2, 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. |
DOCKET NO. CA 09-02082
| IN THE MATTER OF ALFRED T. COPPOLA, PETITIONER-RESPONDENT, V
ZONING BOARD OF APPEALS OF THE CITY OF BUFFALO, RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter M. Kooshoian sworn to October 14, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Brendan R. Mehaffy sworn to October 28, 2009,
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 January 6, 2010.
Entered: November 2, 2009
Patricia L. Morgan, Clerk