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

DOCKET NO. CA 15-01180
DOCKET NO. CA 15-01181

RESCUE MISSION OF UTICA, INC., PETITIONER-RESPONDENT, V CITY OF UTICA, ZONING BOARD OF APPEALS OF CITY OF UTICA, JOSEPH PRIORE, CHAIRPERSON, DEFENDANTS-RESPONDENTS, AND MICHAEL S. RIZZO, DEFENDANT-APPELLANT. (APPEAL NO. 1.) MICHAEL S. RIZZO, PLAINTIFF-APPELLANT, V RESCUE MISSION OF THE CITY OF UTICA, INC., CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR THE CITY OF UTICA ZONING BOARD OF APPEALS, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 17, 2014, and January 26, 2015,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq., dated September 24, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered August 20, 2015, is hereby amended by deleting the date October 19, 2015, and inserting in its place the date December 18, 2015, and

It is further ORDERED that the motion is granted, and appellant shall perfect appeal No. 2 on or before December 18, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 14, 2015

Frances E. Cafarell, Clerk