IN THE MATTER OF SEALAND WASTE LLC V TOWN OF CARROLL, TOWN OF CARROLL ZONING BOARD OF APPEALS, AND ALAN GUSTAFSON, CODE
Motion No: CA 18-00013
Slip Opinion No: 2018 NY Slip Op 62058(U)
Decided on January 16, 2018
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.


January 16, 2018

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

DOCKET NO. CA 18-00013

IN THE MATTER OF SEALAND WASTE LLC, PETITIONER-APPELLANT,

V

TOWN OF CARROLL, TOWN OF CARROLL ZONING BOARD OF APPEALS,

AND ALAN GUSTAFSON, CODE ENFORCEMENT OFFICER OF THE TOWN OF

CARROLL, RESPONDENTS-RESPONDENTS,

AND

CAROL L. JONES, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE

OF DONALD J. JONES, DECEASED, AND JONES CARROLL, INC,

NECESSARY OR INTERESTED PARTIES.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on April 6, 2017,

Now, upon reading and filing the affirmation of Alan J. Knauf, Esq., dated January 2, 2018, 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 April 30, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 16, 2018

Mark W. Bennett, Clerk