| 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: 2019 NY Slip Op 60107(U) |
| Decided on January 2, 2019 |
| 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 18-01304
| 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 December 20, 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 March 11, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: No further extensions of time to perfect will be granted to appellant's present counsel absent an unanticipated and extraordinary excuse for the delay.
Entered: January 2, 2019
Mark W. Bennett, Clerk