IN THE MATTER OF WILLIAM DUNSMOOR V TOWN OF OSWEGO PLANNING BOARD AND UNITED GROUP DEVELOPMENT CORP.
Motion No: CA 12-01224
Slip Opinion No: 2012 NY Slip Op 79214(U)
Decided on July 18, 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.


July 18, 2012

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

DOCKET NO. CA 12-01224

IN THE MATTER OF WILLIAM DUNSMOOR,

PETITIONER-APPELLANT,

V

TOWN OF OSWEGO PLANNING BOARD AND

UNITED GROUP DEVELOPMENT CORP.,

RESPONDENTS-RESPONDENTS.


Respondent Town of Oswego Planning Board 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 March 21, 2012, on the ground that appellant has failed to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affirmation of Paul V. Mullin, Esq., dated July 2, 2012, the notice of motion with proof of service thereof, and the affirmation of Janet D. Callahan, Esq., dated July 13, 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 September 17, 2012.

Entered: July 18, 2012

Frances E. Cafarell, Clerk