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.


December 9, 2011

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