| IN THE MATTER OF JERROLD FERRARO, JUDITH FERRARO, WILLIAM FLEMING, LORRETTA C. AQUILINA, KATHLEEN AQUILINA, JUDITH |
| Motion No: CA 09-02565 |
| Slip Opinion No: 2010 NY Slip Op 60882(U) |
| Decided on January 4, 2010 |
| 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 09-02565
| IN THE MATTER OF JERROLD FERRARO, JUDITH FERRARO, WILLIAM FLEMING,
LORRETTA C. AQUILINA, KATHLEEN AQUILINA, JUDITH HYATT, GWEN RICHTHAMMER, MONICA C. WATERS, ARLENE MEROWITZ, AND DANIEL WARD,
INDIVIDUALLY AND AS A MEMBER OF THE TOWN BOARD OF THE TOWN OF AMHERST, PETITIONERS/PLAINTIFFS-APPELLANTS, V TOWN BOARD OF
THE TOWN OF AMHERST, BENDERSON DEVELOPMENT COMPANY, LLC., BUFFALO-MAPLE ROAD LLC, AND BUFFALO-ANDERSON ASSOCIATES,
LLC, RESPONDENTS/DEFENDANTS-RESPONDENTS. |
Respondents Benderson Development Company, LLC, Buffalo-Maple Road LLC and Buffalo-Anderson Associates, LLC 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 September 15, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John J. Henry sworn to December 16, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard G. Berger dated December 31, 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 March 5, 2010.
Entered: January 4, 2010
Patricia L. Morgan, Clerk