DOCKET NO. CA 10-02432

PRES ENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ. JAMES GRIBBINS, BERNADETTE MEDIGE, JOHN MEDIGE, AND NORMAN A. PIASECKI, PLAINTIFFS-APPELLANTS, ET AL., PLAINTIFFS, V RUSHFORD LAKE RECREATION DISTRICT (RLRD), ITS BOARD OF COMMISSIONERS, AND IN THEIR INDIVIDUAL CAPACITIES: BRADLEY COON, RICHMOND HUBBARD, MARGARET A. KRZYZANOWSKI, DAVID HIRSCH, DOUGLAS CRANDALL, AND DEBORAH AUMICH, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Respondents Rushford Lake Recreation District (RLRD), Commissioners of the RLRD, Richmond Hubbard, Margaret A. Krzyzanowski, David Hirsch, Douglas Crandall, and Deborah Aumich having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on July 8, 2010, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the aforementioned appeals,

Now, upon reading and filing the affidavits of Colin D. Ramsey, Esq. sworn to December 2, 2010, and December 6, 2010, and the affidavit of John A. Cappellini, Esq. sworn to December 14, 2010, the notices of motion and cross motion with proof of service thereof, and the affirmation of Tammy L. Riddle, Esq. dated December 17, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 21, 2011, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: December 23, 2010

Patricia L. Morgan, Clerk