IN THE MATTER OF EDWIN DORUSZEWSKI, KATHRYN DORUSZEWSKI, RICHARD RUTKOWSKI, KATHRYN KULCZYK, MARY ANN SZCZECINSKI
Motion No: CA 15-00033
Slip Opinion No: 2015 NY Slip Op 62496(U)
Decided on January 28, 2015
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.


January 28, 2015

DOCKET NO. CA 15-00033

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.

DOING 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 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 August 26, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Frank J. Jacobson, Esq., dated December 31, 2014, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: January 28, 2015

Frances E. Cafarell, Clerk