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

Appellant Terrence A. Robinson 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 Erie on March 14, 2018, and respondent Norstar Development USA, L.P. having cross-moved to dismiss for failure to perfect the appeal timely or to expedite the appeal,

Now, upon reading and filing the affidavit of Terrence A. Robinson sworn to September 7, 2018, the affirmation of Charles W. Malcomb, Esq., dated September 18, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted, and appellant shall perfect the appeal on or before November 16, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that respondents' cross motion insofar as it seeks to dismiss the for failure to perfect the appeal timely is dismissed on the ground that the Uniform Rules of Practice do not authorize such a motion, and

It is further ORDERED that respondents' cross motion insofar as it seeks to expedite the appeal is dismissed as premature.

Entered: September 24, 2018

Mark W. Bennett, Clerk