| MARIELA VAZQUEZ V ZONING BOARD OF APPEALS OF TOWN OF AMHERST, - . |
| Motion No: CA 17-00972 |
| Slip Opinion No: 2017 NY Slip Op 76281(U) |
| Decided on June 5, 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 17-00972
| MARIELA VAZQUEZ, PETITIONER-APPELLANT, V ZONING BOARD OF
APPEALS OF TOWN OF AMHERST, RESPONDENT-RESPONDENT, ET AL., RESPONDENTS. |
Respondent having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 29, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Philip S. Meyer, Esq., sworn to May 19, 2017, the affirmation of Lynnette Nogueras-Trummer, Esq., dated May 31, 2017, the affidavit of Mariela Vazquez sworn to May 31, 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 the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 4, 2017, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: June 5, 2017
Frances E. Cafarell, Clerk