| IN THE MATTER OF WILLIAM JAQUISH AND VIRGINIA JAQUISH V TOWN BOARD OF TOWN OF GERMAN FLATTS AND TOWN OF GERMAN FLATTS |
| Motion No: CA 17-00307 |
| Slip Opinion No: 2017 NY Slip Op 64954(U) |
| Decided on February 21, 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 17-00307
| IN THE MATTER OF WILLIAM JAQUISH AND VIRGINIA JAQUISH,
PETITIONERS-APPELLANTS, V TOWN BOARD OF TOWN OF GERMAN FLATTS AND TOWN OF GERMAN FLATTS,
RESPONDENTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on November 4, 2016, and respondents having cross-moved to dismiss the appeal on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Audrey B. Dunning, Esq., sworn to February 8, 2017, the affidavit of Michael J. Moore, Esq., sworn to December 15, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that respondents' cross motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 24, 2017.
Entered: February 21, 2017
Frances E. Cafarell, Clerk