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

DOCKET NO. CA 14-01804

IN THE MATTER OF EDWIN DORUSZEWSKI, KATHRYN DORUSZEWSKI, RICHARD RUTKOWSKI, KATHRYN KULCZYK, MARY ANN SZCZECINSKI, SUSAN EGGERT, SANDRA D'ANGELO, JAMES LENCZYK, CLARA LEE LENCZYK, RICHARD URBANOWSKI, MARY URBANOWSKI, CARRIE KWARTA AND JUDITH MILLER, PETITIONERS-PLAINTIFFS-RESPONDENTS, V SERAFINI SALES & SERVICE, INC., MICHAEL SERAFINI INC., RESPONDENTS-DEFENDANTS, KELEMAN-BAUER CONSTRUCTION, INC. DONG BUSINESS AS EDBAUER CONSTRUCTION, RESPONDENT-DEFENDANT-APPELLANT, TOWN OF WEST SENECA, SHAWN MARTIN, IN HIS CAPACITY AS THE WEST SENECA TOWN ATTORNEY, WEST SENECA TOWN BOARD, SHEILA M. MEEGAN, JOHN M. RUSINSKI, EUGENE P. HART, SAID PERSONS CONSTITUTING THE WEST SENECA TOWN BOARD, RESPONDENTS-DEFENDANTS.

Petitioners-plaintiffs 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 Erie on May 22, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Frank J. Jacobson, Esq., dated October 6, 2014, the notice of motion with proof of service thereof, and the affidavit of Paul M. Michalek, Esq., sworn to October 14, 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 January 2, 2015.

Entered: November 3, 2014

Frances E. Cafarell, Clerk