| IN THE MATTER OF BETTE BOHNER, BRIAN BUNCE, AND LAURA S. WATERBURY V HUMPF SANITATION, LLC ZONING BOARD OF APPEALS OF |
| Motion No: CA 10-02481 |
| Slip Opinion No: 2011 NY Slip Op 60259(U) |
| Decided on January 4, 2011 |
| 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 10-02481
| IN THE MATTER OF BETTE BOHNER, BRIAN BUNCE, AND LAURA S. WATERBURY,
PETITIONERS-RESPONDENTS, V HUMPF SANITATION, LLC, RESPONDENT-APPELLANT, ZONING BOARD OF APPEALS OF TOWN OF NEWPORT, TOWN
OF NEWPORT, HERKIMER COUNTY PLANNING BOARD, AND COUNTY OF HERKIMER, RESPONDENTS. |
Petitioners having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on June 8, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven A. Smith, Esq. sworn to December 7, 2010, the notice of motion with proof of service thereof, and the statement of Michael E. Getnick, Esq. dated December 9, 2010,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 4, 2011
Patricia L. Morgan, Clerk