IN THE MATTER OF RANDOLPH BARTZ, JANE BICKETT, CANDACE BOWER, DAVID BOYCE, ROBERT BOYCE, ELIZABETH BOYCE, JOSEPH
Motion No: CA 15-01183
Slip Opinion No: 2015 NY Slip Op 80322(U)
Decided on July 27, 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.


July 27, 2015

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

DOCKET NO. CA 15-01183

IN THE MATTER OF RANDOLPH BARTZ, JANE BICKETT, CANDACE

BOWER, DAVID BOYCE, ROBERT BOYCE, ELIZABETH BOYCE, JOSEPH

CONDIDORIO, JOHN GREEN, JOSEPH MCKAY, STEPHEN MOULTON, AND

RONALD PAGANIN, PETITIONERS-PLAINTIFFS-APPELLANTS,

V

VILLAGE OF LEROY, ZONING BOARD OF APPEALS OF LEROY,

JEFFERY STEINBRENNER, CODE ENFORCEMENT OFFICER,

DANIEL LANG, CODE ENFORCEMENT OFFICER, JOHN GILLARD

DUZMOR PAINTING, INC., CIRCULAR HILL, INC., PETER J.

MCQUILLEN, JUDITH MCQUILLEN, ET AL.,

DEFENDANTS-RESPONDENTS.


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 Genesee on March 10, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Benjamin J. Bonarigo, Sr., Esq., sworn to July 8, 2015, the notice of motion with proof of service thereof, and the affirmation of Amy K. Kendall, Esq., dated July 16, 2015, 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 September 25, 2015.

Entered: July 27, 2015

Frances E. Cafarell, Clerk