| JOHN J. DECARR, KIMBERLY DECARR, STEVE CATELLO, HEATHER CATELLO, MARTY STAPLE, DAWN STAPLE, CODY STAPLE, GARY |
| Motion No: CA 16-02202 |
| Slip Opinion No: 2017 NY Slip Op 60185(U) |
| Decided on January 4, 2017 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-02202
| JOHN J. DECARR, KIMBERLY DECARR, STEVE CATELLO, HEATHER CATELLO,
MARTY STAPLE, DAWN STAPLE, CODY STAPLE, GARY GAGLIANESE, TERESA DALTMORE, ROBERT CALPETER, JR., CYNTHIA CALPETER, MARY
PARRY, ULI ASERIAN, LYNN ASERIAN, CHARLOTTE ASERIAN, ALMONDIE SHIMPINE, DAMIAN MARINO, BOB GREMS, DEBBIE GREMS, LISA GAUDET,
DWIGHT DAVIS, MONICA DAVIS, SUE WHITE, ROBIN ROPETSKI, CHRIS ROPETSKI, JEFF STOFFEL, DAVID BYRNE, MARGARET BYRNE,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS TOWN OF VERONA, MARTIN SCHAUB, SAL SPARCE, HENRY GERWIG, JAMES REGAN,
PATRICK BARKER, CONSTITUTING THE BOARD OF APPEALS OF THE TOWN OF VERONA, VINCENT ROSSI, AS THE TOWN ATTORNEY FOR THE TOWN OF
VERONA, TOWN OF VERONA, EVOLUTION SITE SERVICES, LLC, UPSTATE CELLULAR PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS, AND
WILLIAM G. FRECH LIVING TRUST, RESPONDENTS-RESPONDENTS. |
Respondents Evolution Site Services, LLC, Williams G. Frech Living Trust, Zoning Board of Appeals for the Town of Verona, Martin Schaub, Sal Sparce, Henry Gerwig, James Regan, Patrick Barker, constituting the Board of Appeals of the Town of Verona, and Town of Verona, 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 Oneida on September 2, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John P. Stockli, Jr., Esq., sworn to December 19, 2016, the affidavit of Vincent J. Rossi, Jr., Esq., sworn to December 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Andrew J. Campanelli, Esq., dated December 23, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to the moving parties, without further order unless the appeal is perfected on or before February 10, 2017.
Entered: January 4, 2017
Frances E. Cafarell, Clerk