| IN THE MATTER OF NED E. DEAN, JR., JOHN A. PIERCE, TIMOTHY J. MEAD, STEVEN K. SMITH, MICHELE ROSS V TOWN OF POLAND |
| Motion No: CA 18-01432 |
| Slip Opinion No: 2018 NY Slip Op 81217(U) |
| Decided on August 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01432
| IN THE MATTER OF NED E. DEAN, JR., JOHN A. PIERCE, TIMOTHY J. MEAD,
STEVEN K. SMITH, MICHELE ROSS, PETITIONERS-APPELLANTS, V TOWN OF POLAND ZONING BOARD OF APPEALS, BRENDA M. BUNCE, TERRY
A. NUNEZ, DENNIS R. ORMOND, DAWN ORMOND CONSTANTINE, AND THE BROADWAY GROUP, LLC,
RESPONDENTS-RESPONDENTS. |
Respondent The Broadway Group, LLC having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on December 29, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David R. Stapleton, Esq., sworn to August 3, 2018, the notice of motion with proof of service thereof, and the affirmation of Edward P. Wright, Esq., dated August 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order, as it relates to respondent The Broadway Group, LLC, unless the appeal is perfected on or before September 17, 2018.
Entered: August 16, 2018
Mark W. Bennett, Clerk