IN THE MATTER OF STEPHEN FOX, V TOWN OF GENEVA ZONING BOARD OF APPEALS, TOWN OF GENEVA, MARK VENUTI, IN HIS CAPACITY
Motion No: CA 18-01304
Slip Opinion No: 2018 NY Slip Op 87638(U)
Decided on October 29, 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.


October 29, 2018

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

DOCKET NO. CA 18-01304

IN THE MATTER OF STEPHEN FOX,

PETITIONER-PLAINTIFF-APPELLANT,

V

TOWN OF GENEVA ZONING BOARD OF APPEALS, TOWN OF GENEVA,

MARK VENUTI, IN HIS CAPACITY AS TOWN SUPERVISOR OF THE TOWN

OF GENEVA, FLOYD KOFAHL, IN HIS CAPACITY AS CODE

ENFORCEMENT OFFICER OF TOWN OF GENEVA, AND LORRIE S.

NAEGELE, IN HER CAPACITY AS TOWN CLERK OF TOWN OF GENEVA

DEFENDANTS-RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on May 7, 2018,

Now, upon reading and filing the affirmation of John A. Mancuso, Esq., dated October 19, 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 January 8, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 29, 2018

Mark W. Bennett, Clerk