| IN THE MATTER OF DR. VIRGINIA M. FICHERA, PH.D., ROBIN ALLINGER, ALVIN G. HAMMOND, JEFFREY A. COUPERUS, TIA M. |
| Motion No: CA 17-02116 |
| Slip Opinion No: 2017 NY Slip Op 96281(U) |
| Decided on December 19, 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 17-02116
| IN THE MATTER OF DR. VIRGINIA M. FICHERA, PH.D., ROBIN ALLINGER, ALVIN G.
HAMMOND, JEFFREY A. COUPERUS, TIA M. COUPERUS, AND LORRAINE RITCHIE, PETITIONERS-APPELLANTS, V PLANNING BOARD OF TOWN OF
STERLING, TOWN OF STERLING, CHRISTOPHER J. CONSTRUCTION, LLC, CHRISTOPHER FERLITO, AND STEVEN KEELING,
RESPONDENTS-RESPONDENTS. |
Respondents Planning Board of the Town of Sterling, Town of Sterling, and Steven Keeling having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 8, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin Cox, Esq., dated December 6, 2017, the notice of motion with proof of service thereof, the affidavit of Kimberly A. Steele, Esq., sworn to December 11, 2017, and the affirmation of Richard J. Lippes, Esq., dated December 11, 2017, 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 February 20, 2018.
Entered: December 19, 2017
Mark W. Bennett, Clerk