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

DOCKET NO. CA 15-00089

DESIREE DAWLEY, JAMES DAWLEY, LYNN BARBUTO, ROBERT BARBUTO, JAMES NEARPASS, ASTRID NEARPASS, TODD WORDEN, LAURA WORDEN, JONATHAN MORELLI, AND JANE MORELLI, PETITIONERS-APPELLANTS, V WHITETAIL 414, LLC, WILMORITE, INC., TOWN OF TYRE TOWN BOARD, JAMES LEONARD, AND JEANNE LEONARD, RESPONDENTS-RESPONDENTS.

Respondents having moved and cross-moved for dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on September 18, 2014, on the ground that appellants failed to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affirmation of Thomas R. Smith, Esq., dated January 20, 2015, the affirmation of John A. Mancuso, Esq., dated January 29, 2015, the notices of motion and cross motion with proof of service thereof, and the affirmations of Charles W. Malcomb, Esq., dated January 22, 2015, and February 4, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted to the extent that they seek to dismiss the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before March 6, 2015, and

It is further ORDERED that the cross motion is dismissed as premature insofar as it seeks to expedite the appeal (see 22 NYCRR 1000.10 [d]).

Entered: February 13, 2015

Frances E. Cafarell, Clerk