| IN THE MATTER OF DAVID THOMAS AND GLENN WALLACE V ZONING BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND AND DONALD R. |
| Motion No: CA 12-01201 |
| Slip Opinion No: 2012 NY Slip Op 78467(U) |
| Decided on July 10, 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 12-01201
| IN THE MATTER OF DAVID THOMAS AND GLENN WALLACE,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND AND DONALD R. TURNER,
RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 23, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated June 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Richard J. Lippes, Esq., sworn to July 5, 2012, 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 24, 2012.
Entered: July 10, 2012
Frances E. Cafarell, Clerk