| PETER S. DUCHMANN, DUKE DISTRIBUTING COMPANY, INC., DOING BUSINESS AS ADVANCED AUTO ELECTRONICS V TOWN OF HAMBURG, TOWN |
| Motion No: CA 11-00778 |
| Slip Opinion No: 2011 NY Slip Op 71091(U) |
| Decided on April 27, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00778
| PETER S. DUCHMANN, DUKE DISTRIBUTING COMPANY, INC., DOING BUSINESS AS
ADVANCED AUTO ELECTRONICS, PETITIONERS-APPELLANTS, V TOWN OF HAMBURG, TOWN OF HAMBURG TOWN BOARD, TOWN OF
HAMBURG BOARD OF ZONING APPEALS, KURT ALLEN, ENFORCEMENT OFFICER BUILDINGS INSPECTIONS AND CODE ENFORCEMENT,
RESPONDENTS, LAMAR ADVERTISING OF PENN, LLC, TLC PROPERTIES, INC., LAMAR COMPANY, LLC, AND LAMAR TEXAS LIMITED PARTNERSHIP,
RESPONDENTS-RESPONDENTS. |
Respondents Lamar Advertising of Penn, LLC, TLC Properties, Inc., Lamar Company, LLC, and Lamar Texas Limited Partnership 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 Erie on December 30, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Beverly S. Braun, Esq. dated April 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Angela M. Demerle, Esq. dated April 21, 2011, 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 June 27, 2011.
Entered: April 27, 2011
Patricia L. Morgan, Clerk