| JAMES I. DAIGLER AND IRENE DAIGLER V TOWN OF GRAND ISLAND AND TOWN OF GRAND ISLAND ZONING BOARD OF APPEALS |
| Motion No: CA 10-00051 |
| Slip Opinion No: 2010 NY Slip Op 61976(U) |
| Decided on January 11, 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 10-00051
| JAMES I. DAIGLER AND IRENE DAIGLER, PETITIONERS-APPELLANTS, V
TOWN OF GRAND ISLAND AND TOWN OF GRAND ISLAND ZONING BOARD OF APPEALS,
RESPONDENTS-RESPONDENTS. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 3, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Cynthia Giganti Ludwig dated December 29, 2009, the notice of 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 costs.
Entered: January 11, 2010
Patricia L. Morgan, Clerk