| 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 87824(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 09-00883
| 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 appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Joshua Feinstein dated October 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard J. Sherwood dated October 28, 2009, the notice of cross motion with proof of service thereof,
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, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 2, 2009
Patricia L. Morgan, Clerk