| IN THE MATTER OF JEFFREY M. CARSON AND PATRICIA A. CARSON V TOWN OF OSWEGO ZONING BOARD OF APPEALS |
| Motion No: CA 12-00192 |
| Slip Opinion No: 2012 NY Slip Op 63687(U) |
| Decided on February 8, 2012 |
| 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 12-00192
| IN THE MATTER OF JEFFREY M. CARSON AND PATRICIA A. CARSON,
PETITIONERS-APPELLANTS, V TOWN OF OSWEGO ZONING BOARD OF APPEALS,
RESPONDENT-RESPONDENT. |
Respondent 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 Oswego on October 19, 2011, on the ground that appellants have failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken herein from the order entered October 19, 2011,
Now, upon reading and filing the affidavits of Colin D. Ramsey, Esq., sworn to January 23, 2012, and January 31, 2012, the affidavits of Richard C. Mitchell, Jr., Esq., and Jeffrey M. Carson sworn to January 30, 2012, and the notices of motion and cross motion with proof of service thereof, 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 April 9, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: February 8, 2012
Frances E. Cafarell, Clerk