IN THE MATTER OF BAKER HALL DOING BUSINESS AS BAKER VICTORY SERVICES V CITY OF LACKAWANNA ZONING BOARD OF APPEALS AND

IN THE MATTER OF BAKER HALL DOING BUSINESS AS BAKER VICTORY SERVICES V CITY OF LACKAWANNA ZONING BOARD OF APPEALS AND

Motion No: CA 12-01990

Slip Opinion No: 2012 NY Slip Op 89706(U)

Decided on November 7, 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.

November 7, 2012

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

DOCKET NO. CA 12-01990

IN THE MATTER OF BAKER HALL DOING BUSINESS AS BAKER
VICTORY SERVICES, PETITIONER-RESPONDENT,
V
CITY OF LACKAWANNA ZONING BOARD OF APPEALS AND
CITY OF LACKAWANNA, RESPONDENTS-APPELLANTS.

Petitioner 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 Erie on July 25, 2012, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Corey A. Auerbach, Esq., dated October 23, 2012, the notice of motion with proof of service thereof, and the affidavit of Norman A. LeBlanc, Jr., Esq., sworn to October 31, 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 January 4, 2013.

Entered: November 7, 2012

Frances E. Cafarell, Clerk