| IN THE MATTER OF ANTHONY DEPERNO, INDIVIDUALLY AND ON BEHALF OF VICTORY SIGN, INC., V TOWN OF VERONA, OWEN E. WALLER |
| Motion No: NOS. CA 11-02289 AND CA 11-002290 |
| Slip Opinion No: 2011 NY Slip Op 92349(U) |
| Decided on December 9, 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 NOS. CA 11-02289 AND CA 11-002290
| IN THE MATTER OF ANTHONY DEPERNO, INDIVIDUALLY AND ON BEHALF OF
VICTORY SIGN, INC., PETITIONER-RESPONDENT-APPELLANT, V TOWN OF VERONA, OWEN E. WALLER, INDIVIDUALLY AND AS SUPERVISOR
THEREOF, GERALD ZIMMERMAN, DEPUTY SUPERVISOR, KENNETH REGNER, RICHARD RADOS, SCOTT MUSACCHIO, INDIVIDUALLY AND
COLLECTIVELY AS MEMBERS OF TOWN BOARD OF THE TOWN OF VERONA, TOWN OF VERONA ZONING BOARD OF APPEALS, RAYMOND ULRICH,
CHAIRMAN, AND WALTER HOJNACKI, JEFFERY KAHLER, CHARLES WIRTENSON, AND HENRY GERWIG, INDIVIDUALLY AND COLLECTIVELY AS MEMBERS
THEREOF, CHRIS CHILDS, INDIVIDUALLY AND AS THE TOWN OF VERONA CODES ENFORCEMENT OFFICER, AND PATRICIA E. NESTLE, INDIVIDUALLY
AND AS THE TOWN OF VERONA TOWN CLERK, JOINTLY AND SEVERALLY,
RESPONDENTS-APPELLANTS-RESPONDENTS. |
Appellants-respondents having moved to consolidate and to extend the time to perfect the appeals taken herein from a judgment and order (appeal No. 1) and an order (appeal No. 2) of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 7, 2011,
Now, upon reading and filing the affirmation of Vincent Rossi, Jr., Esq., dated November 11, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the judgment and order and the order entered March 7, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect appellants-respondents' appeals is granted and appellants-respondents shall perfect the appeals on or before February 29, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: December 9, 2011
Patricia L. Morgan, Clerk