Opinion
DOCKET NO. CA 13-01045
07-02-2013
IN THE MATTER OF CHRISTIAN AIRMEN, INC., PETITIONER-RESPONDENT, v. TOWN OF NEWSTEAD ZONING BOARD OF APPEALS, RESPONDENT-APPELLANT AND TOWN OF NEWSTEAD, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Corey A. Auerbach, Esq., dated June 11, 2013, the notice of motion with proof of service thereof, and the affirmation of J. Matthew Plunkett, Esq., received June 19, 2013, 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 September 3, 2013.
Frances E. Cafarell, Clerk