| IN THE MATTER OF MARY ANN RIZZO, /- V VERIZON CCC LLC, TOWN BOARD OF TOWN OF SOMERSET, TOWN PLANNING BOARD OF TOWN OF |
| Motion No: CA 11-00310 |
| Slip Opinion No: 2011 NY Slip Op 71870(U) |
| Decided on April 28, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00310
| IN THE MATTER OF MARY ANN RIZZO,
PETITIONER/PLAINTIFF-APPELLANT, V VERIZON CCC LLC, TOWN BOARD OF TOWN OF SOMERSET, TOWN PLANNING BOARD OF TOWN OF SOMERSET,
ZONING BOARD OF APPEALS OF TOWN OF SOMERSET, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, NIAGARA COUNTY PLANNING BOARD,
AND POWER AUTHORITY OF STATE OF NEW YORK, RESPONDENTS/DEFENDANTS-RESPONDENTS. |
Respondents Town Board of Town of Somerset, Town Planning Board of Town of Somerset, and Zoning Board of Appeals of Town of Somerset 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 Niagara on January 14, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Morgan L. Jones, Jr., Esq. sworn to April 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Arthur J. Giacalone, Esq. dated April 16, 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 13, 2011.
Entered: April 28, 2011
Patricia L. Morgan, Clerk