ROBERT FAHNING, ANNE FAHNING, THOMAS BURKE, NANCY SAVOY AND GLENN WALLACE V DOUGLAS LEARMAN AS THE BUILDING INSPECTOR
Motion No: CA 16-00149
Slip Opinion No: 2016 NY Slip Op 64066(U)
Decided on February 9, 2016
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.


February 9, 2016

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

DOCKET NO. CA 16-00149

ROBERT FAHNING, ANNE FAHNING, THOMAS BURKE,

NANCY SAVOY AND GLENN WALLACE, PLAINTIFFS-RESPONDENTS,

V

DOUGLAS LEARMAN AS THE BUILDING INSPECTOR OF TOWN

OF GRAND ISLAND AND TOWN OF GRAND ISLAND,

DEFENDANTS-APPELLANTS.

TOWN OF GRAND ISLAND, THIRD-PARTY PLAINTIFF-APPELLANT,

RANDALL D. WHITE AND MARGARET S. WHITE,

INTERVENOR-THIRD-PARTY PLAINTIFFS-APPELLANTS,

V

J.J. MANOR LLC, THIRD-PARTY DEFENDANT-RESPONDENT,

JOHN O'CONNELL AND DEBORAH L. LEWIS, THIRD-PARTY

DEFENDANTS.


Appellants having moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 24, 2015,

Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated January 25, 2016, the affidavit of Randall D. White, Esq., sworn to January 27, 2016, the notice of motion with proof of service thereof, and the affirmation of Robert M. Ratajczak, Jr., Esq., dated February 4, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellants shall perfect the appeals on or before March 18, 2016, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: February 9, 2016

Frances E. Cafarell, Clerk