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

DOCKET NO. CA 16-02202

IN THE MATTER OF 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 AND MARGARET BYRNE, PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS FOR TOWN OF VERONA, MARTIN SCHAUB, SAL SPARCE, HENRY GERWIG, JAMES REGAN AND PATRICK BARKER, CONSTITUTING BOARD OF APPEALS OF 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.

Appellants having moved for permission to file replacement copies of Volume II of the record on 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, and for other relief,

Now, upon reading and filing the affirmation of David A. Antwork, Esq., dated March 29, 2017, the notice of motion with proof of service thereof, and the affidavit of J. Michael Naughton, Esq., sworn to April 10, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to file replacement copies of Volume II of the record on appeal is granted on the condition that the replacement copies of Volume II of the record are filed and served in accordance with this Court's rules on or before April 28, 2017, and the Clerk is directed to accept such replacement copies for filing, and

It is hereby ORDERED that the motion is otherwise dismissed as unnecessary.

Entered: April 17, 2017

Frances E. Cafarell, Clerk