| IN THE MATTER OF PAUL VANHEYNINGEN, AND THOMAS POLITO V PLANNING BOARD OF THE TOWN OF WEBSTER, TOWN BOARD OF TOWN OF |
| Motion No: CA 14-00750 |
| Slip Opinion No: 2014 NY Slip Op 72352(U) |
| Decided on May 9, 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 14-00750
| IN THE MATTER OF PAUL VANHEYNINGEN, PETITIONER AND
THOMAS POLITO, PETITIONER-APPELLANT, V PLANNING BOARD OF THE TOWN OF WEBSTER, TOWN BOARD OF TOWN OF WEBSTER,
AND HEGEDORN ASSOCIATES, RESPONDENTS-RESPONDENTS. |
Respondent Hegedorn Associates having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 7, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jerry A. Goldman, Esq., dated April 22, 2014, the notice of motion with proof of service thereof, and the affirmation of Thomas Polito, Esq., dated April 28, 2014, 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 July 8, 2014.
Entered: May 9, 2014
Frances E. Cafarell, Clerk