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 11-02290
Slip Opinion No: 2012 NY Slip Op 66525(U)
Decided on March 1, 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.


March 1, 2012

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

DOCKET NOS. CA 11-02289 AND CA 11-02290

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

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 TOWN OF VERONA CODES ENFORCEMENT

OFFICER, AND PATRICIA E. NESTLE, INDIVIDUALLY AND AS TOWN

OF VERONA TOWN CLERK, JOINTLY AND EVERALLY,

RESPONDENTS-APPELLANTS-RESPONDENTS.


Appellants-respondents having moved for an extension of time to perfect the appeals taken herein from a judgment and order and an order 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 affidavit of Vincent J. Rossi, Jr., Esq., sworn to February 15, 2012, the notice of motion with proof of service thereof, and the affidavit of Karen Khanzadian, Esq., sworn to February 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered December 9, 2011, is hereby amended by deleting the date February 29, 2012, and inserting in its place the date April 16, 2012.

Entered: March 1, 2012

Frances E. Cafarell, Clerk