IN THE MATTER OF PAUL E. SUCHER V TOWN OF ONTARIO, ONTARIO TOWN BOARD, ROBERT J. KELSCH, FORMER SUPERVISOR OF TOWN OF
Motion No: CA 17-01757
Slip Opinion No: 2017 NY Slip Op 90748(U)
Decided on October 23, 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.


October 23, 2017

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

DOCKET NO. CA 17-01757

IN THE MATTER OF PAUL E. SUCHER, PETITIONER-RESPONDENT,

V

TOWN OF ONTARIO, ONTARIO TOWN BOARD, ROBERT J. KELSCH, FORMER

SUPERVISOR OF TOWN OF ONTARIO, JOHN J. SMITH, SUPERVISOR OF

TOWN OF ONTARIO, MICHAEL MELINO, ONTARIO TOWN COUNCILMAN,

JASON RUFFELL, ONTARIO TOWN COUNCILMAN, FRANK ROBUSTO,

ONTARIO TOWN COUNCILMAN, AND JOSEPH CATALANO, ONTARIO TOWN

COUNCILMAN, RESPONDENTS-APPELLANTS.


Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on December 15, 2016,

Now, upon reading and filing the affidavit of Richard T. Williams, II, Esq., sworn to October 4, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before December 4, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 23, 2017

Mark W. Bennett, Clerk