| IN THE MATTER OF THE APPLICATION OF JUDY COLTON, INDIVIDUALLY AND AS PRESIDENT OF NORTHWEST AMHERST RESIDENTS |
| Motion No: CA 14-00443 |
| Slip Opinion No: 2014 NY Slip Op 67533(U) |
| Decided on March 25, 2014 |
| 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 14-00443
| IN THE MATTER OF THE APPLICATION OF JUDY COLTON,
INDIVIDUALLY AND AS PRESIDENT OF NORTHWEST AMHERST RESIDENTS ASSOCIATION, INC., A NOT-FOR-PROFIT CORPORATION, OMAR
ELNASSER, JOSEPH AND ANN GRIFASI, LUCIAN AND JOSEPHINE PARLATO, AND DANIEL WARD, INDIVIDUALLY AND AS A MEMBER OF TOWN
BOARD OF TOWN OF AMHERST, PETITIONERS-APPELLANTS, V TOWN BOARD OF TOWN OF AMHERST, CIMINELLI DEVELOPMENT
COMPANY, INC., AND DODGE 330 ASSOCIATES, LLC, RESPONDENTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 10, 2013,
Now, upon reading and filing the affidavit of Richard J. Lippes, Esq., sworn to March 5, 2014, the notice of motion with proof of service thereof, the affidavit of Alan P. McCracken, Esq., sworn to March 20, 2014, and the affidavit of Sean W. Hopkins, Esq., sworn to March 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before April 21, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 25, 2014
Frances E. Cafarell, Clerk