| IN THE MATTER OF YOUNG DEVELOPMENT, INC. AND PEOPLE, INC. V TOWN OF WEST SENECA, WEST SENECA TOWN BOARD, WALLACE C. |
| Motion No: CA 11-00744 |
| Slip Opinion No: 2011 NY Slip Op 77154(U) |
| Decided on June 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 11-00744
| IN THE MATTER OF YOUNG DEVELOPMENT, INC. AND PEOPLE, INC.,
PETITIONERS-RESPONDENTS, V TOWN OF WEST SENECA, WEST SENECA TOWN BOARD, WALLACE C. PIOTROWSKI, SHEILA M. MEEGAN, AND
DALE F. CLARKE, SAID PERSONS CONSTITUTING THE WEST SENECA TOWN BOARD,
RESPONDENTS-APPELLANTS. |
Petitioners-respondents 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 March 2, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson, Esq. sworn to June 2, 2011, the notice of motion with proof of service thereof, and the affirmation of Michael F. Perley, Esq. dated June 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 August 19, 2011.
Entered: June 27, 2011
Patricia L. Morgan, Clerk