| IN THE MATTER OF KEVIN JANIGA, MARSHA JANIGA, JASON WIEPERT, LYNDSAY ROMANCHAUK, JEFF WESLEY, AND CHRIS WESLEY V TOWN |
| Motion No: CA 18-01246 |
| Slip Opinion No: 2018 NY Slip Op 78786(U) |
| Decided on July 24, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01246
| IN THE MATTER OF KEVIN JANIGA, MARSHA JANIGA, JASON WIEPERT, LYNDSAY
ROMANCHAUK, JEFF WESLEY, AND CHRIS WESLEY, PETITIONERS-APPELLANTS, V TOWN OF WEST SENECA ZONING BOARD OF APPEALS,
MARRANO/MARC EQUITY, INC., NICK CROGLIO, AND VINCENT CROGLIO, RESPONDENTS-RESPONDENTS. |
Respondents Nick Croglio and Vincent Croglio 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 Erie on December 18, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson, Esq., sworn to July 11, 2018, the notice of motion with proof of service thereof, and the affirmation of Richard J. Lippes, Esq., dated July 16, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal, as it relates to respondents Nick Croglio and Vincent Croglio, is dismissed without further order unless the appeal is perfected on or before September 24, 2018.
Entered: July 24, 2018
Mark W. Bennett, Clerk