IN THE MATTER OF FRANCES E. BRADLEY V TOWN OF BOONVILLE ZONING BOARD OF APPEALS FORREST C. BARTELLOTTE AND MARILYN G.
Motion No: CA 11-01078
Slip Opinion No: 2011 NY Slip Op 75689(U)
Decided on June 10, 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.


June 10, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01078

IN THE MATTER OF FRANCES E. BRADLEY, PETITIONER-RESPONDENT,

V

TOWN OF BOONVILLE ZONING BOARD OF APPEALS, RESPONDENT,

FORREST C. BARTELLOTTE AND MARILYN G. BARTELLOTTE,

INTERVENORS-APPELLANTS.


Petitioner 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 Oneida on February 18, 2011, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Meghan M. Manion, Esq. dated May 23, 2011, the notice of motion with proof of service thereof, and the affidavit of George E. Curtis, Esq. sworn to May 26, 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 August 9, 2011.

Entered: June 10, 2011

Patricia L. Morgan, Clerk