| IN THE MATTER OF MARY E. EDWARDS, BERNARD LEFFLER, CLAIRE LEFFLER, PAUL SUTTON AND JAMIE L. SMITH V ZONING BOARD OF |
| Motion No: CA 17-01570 |
| Slip Opinion No: 2017 NY Slip Op 86590(U) |
| Decided on September 20, 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 17-01570
| IN THE MATTER OF MARY E. EDWARDS, BERNARD LEFFLER, CLAIRE LEFFLER,
PAUL SUTTON, PETITIONERS-APPELLANTS, AND JAMIE L. SMITH, PETITIONER, V ZONING BOARD OF APPEALS OF TOWN OF AMHERST,
UPSTATE CELLULAR NETWORK DOING BUSINESS AS VERIZON WIRELESS, AND PUBLIC STORAGE, INC.,
RESPONDENTS-RESPONDENTS. |
Respondents Zoning Board of Appeals of Town of Amherst and Upstate Cellular Network doing business as Verizon Wireless having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 1, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Stanley J. Sliwa, Esq., sworn to August 31, 2017, the affirmation of Laurie Styka Bloom, Esq., dated September 8, 2017, the notices of motion with proof of service thereof, and the affirmation of Richard J. Lippes, Esq., dated September 12, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal, as it relates to respondents Zoning Board of Appeals of Town of Amherst and Upstate Cellular Network doing business as Verizon Wireless, is dismissed without further order unless the appeal is perfected on or before November 20, 2017.
Entered: September 20, 2017
Frances E. Cafarell, Clerk