Opinion
DOCKET NO. CA 18-00958
06-08-2018
IN THE MATTER OF THE APPLICATION OF THE CAMPAIGN FOR BUFFALO HISTORY ARCHITECTURE & CULTURE, INC., DEREK BATEMAN, AND LORNA C. HILL, PETITIONERS-APPELLANTS, v. ZONING BOARD OF APPEALS OF THE CITY OF BUFFALO, PLANNING BOARD OF CITY OF BUFFALO, RACHEL HECKL, INDIVIDUALLY AND AS THE PRINCIPAL MEMBER OF 467 RICHMOND AVENUE LLC, 467 RICHMOND AVENUE LLC, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondents Rachel Heckl, individually and as the Principal Member of 467 Richmond Avenue LLC, and 467 Richmond Avenue LLC having moved to dismiss 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 13, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated May 24, 2018, the notice of motion with proof of service thereof, and the affirmation of Richard J. Lippes, Esq., dated May 29, 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 unless the appeal is perfected on or before August 7, 2018.
Entered: June 8, 2018
Mark W. Bennett, Clerk