PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 22-00033

ANN MARIE RIOLO-NICOL, AS TRUSTEE OF RIOLO IRREVOCABLE TRUST, ET AL., PETITIONERS-APPELLANTS, V CITY OF ROME ZONING BOARD OF APPEALS, CITY OF ROME PLANNING BOARD, ROME CITY SCHOOL DISTRICT, ROME CITY SCHOOL DISTRICT BOARD OF EDUCATION, CDS LIFE TRANSITIONS AND PASSERO ASSOCIATES, ET AL., RESPONDENTS-RESPONDENTS.

Respondents Rome City School District and Rome City School District Board of Education having moved to dismiss the appeal taken herein from a judgment of the Supreme Court, Oneida County, entered March 12, 2021, on the ground that the appeal has been abandoned,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal as to petitioners Ann Marie Riolo-Nicol, as Trustee of Riolo Irrevocable Trust, James and Amy Wolfe, Subsen Ortiz, Bryan McCormick, Wendy and Patrick Kennedy, Richard Coon, Devon Gannon, also known as Devon Coon, Christopher Irvin, and Cynthia Akins, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal taken on behalf of petitioners Maria and James Lemmerman, and Paula and Leo Capoccia is denied, and

It is further ORDERED that respondents' briefs shall be filed and served in accordance with this Court's rules on or before September 18, 2023, and

It is further ORDERED that the appeal will be decided on the papers submitted without oral argument during the term of this Court commencing January 8, 2024.

Entered: August 17, 2023

Ann Dillon Flynn

Clerk of the Court