| IN THE MATTER OF JOHN SCHMIDT AND TERRENCE A. ROBINSON V CITY OF BUFFALO PLANNING BOARD, CITY OF BUFFALO PRESERVATION |
| Motion No: CA 18-01139 |
| Slip Opinion No: 2018 NY Slip Op 78205(U) |
| Decided on July 18, 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. |
PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.
DOCKET NO. CA 18-01139
| IN THE MATTER OF JOHN SCHMIDT AND TERRENCE A. ROBINSON,
PETITIONERS-APPELLANTS, V CITY OF BUFFALO PLANNING BOARD, CITY OF BUFFALO PRESERVATION BOARD, AND NORSTAR DEVELOPMENT USA,
L.P., RESPONDENTS-RESPONDENTS. |
Respondent Norstar Development USA, L.P., having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 14, 2018, as to John Schmidt on the ground that the appeal was impermissibly filed pro se by petitioner Terrence Robinson, a non-attorney, on behalf of petitioner John Schmidt, and having moved to dismiss the appeal on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated June 22, 2018, the notice of motion with proof of service thereof, and the affidavit Terrance A. Robinson sworn to July 6, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal of John Schmidt as against Norstar Development USA, L.P., is dismissed (see CPLR 321 [a]), and
It is further ORDERED that the motion is granted to the extent that the appeal of Terrance Robinson as against Norstar Development USA, L.P., is dismissed without costs unless said appeal is perfected on or before September 17, 2018.
Entered: July 18, 2018
Mark W. Bennett, Clerk