| IN THE MATTER OF RANDOLPH BARTZ, JANE BICKETT, CANDACE BOWER, DAVID BOYCE, ROBERT BOYCE, ELIZABETH BOYCE, JOSEPH |
| Motion No: CA 15-01183 |
| Slip Opinion No: 2017 NY Slip Op 78547(U) |
| Decided on June 22, 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 15-01183
DOCKET NO. CA 17-01077
| IN THE MATTER OF RANDOLPH BARTZ, JANE BICKETT, CANDACE BOWER, DAVID
BOYCE, ROBERT BOYCE, ELIZABETH BOYCE, JOSEPH CONDIDORIO, JOHN GREEN, JOSEPH MCKAY, STEPHEN MOULTON, AND RONALD PAGANIN,
PETITIONERS-PLAINTIFFS-APPELLANTS, V VILLAGE OF LEROY, ZONING BOARD OF APPEALS OF LEROY, JEFFERY STEINBRENNER, CODE
ENFORCEMENT OFFICER, DANIEL LANG, CODE ENFORCEMENT OFFICER, JOHN GILLARD, DUZMOR PAINTING, INC., CIRCULAR HILL, INC., PETER J.
MCQUILLEN, JUDITH MCQUILLEN, ET AL., RESPONDENTS-DEFENDANTS-RESPONDENTS. IN THE MATTER OF RANDOLPH BARTZ, JANE BICKETT,
CANDACE BOWER, DAVID BOYCE, ROBERT BOYCE, ELIZABETH BOYCE, JOSEPH CONDIDORIO, JOHN GREEN, JOSEPH MCKAY, STEPHEN MOULTON, AND
RONALD PAGANIN, PETITIONERS-PLAINTIFFS-APPELLANTS, V VILLAGE OF LEROY, ZONING BOARD OF APPEALS OF LEROY, JEFFERY
STEINBRENNER, CODE ENFORCEMENT OFFICER, DANIEL LANG, CODE ENFORCEMENT OFFICER, JOHN GILLARD, DUZMOR PAINTING, INC., CIRCULAR HILL,
INC., PETER MCQUILLEN, JUDITH MCQUILLEN, ET AL., RESPONDENTS-DEFENDANTS-RESPONDENTS. |
Respondents Duzmor Painting, Inc., Circular Hill, Inc., Peter McQuillen, and Judith McQuillen having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on March 10, 2015 (docket No. CA 15-01183), and March 16, 2017 (docket No. CA 17-01077), on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Benjamin J. Bonarigo, Sr., Esq., sworn to June 5, 2017, the notice of motion with proof of service thereof, and the affirmation of Amy K. Kendall, Esq., dated June 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal from the order enter March 16, 2017, is dismissed without further order unless the appeal is perfected on or before August 15, 2017, and the motion is otherwise dismissed as unnecessary.
Entered: June 22, 2017
Frances E. Cafarell, Clerk