| IN THE MATTER OF PEOPLE, INC. AND S SPOTH, LLC V CITY OF TONAWANDA ZONING BOARD OF APPEALS |
| Motion No: CA 14-00832 |
| Slip Opinion No: 2014 NY Slip Op 73968(U) |
| Decided on May 30, 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 14-00832
| IN THE MATTER OF PEOPLE, INC. AND S SPOTH, LLC,
PETITIONERS-RESPONDENTS, V CITY OF TONAWANDA ZONING BOARD OF APPEALS,
RESPONDENT-APPELLANT. |
Respondents 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 January 21, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Sean W. Hopkins, Esq., dated May 6, 2014, the notice of motion with proof of service thereof, and the affirmation of Francis C. Amendola, Esq., dated May 15, 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 29, 2014.
Entered: May 30, 2014
Frances E. Cafarell, Clerk