Opinion
DOCKET NO. CA 18-01304
08-30-2018
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.
PRESENT:
Respondents 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 Ontario on May 7, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of David H. Walsh, Esq., dated July 11, 2018, the notice of motion with proof of service thereof, and the affirmation of John A. Mancuso, Esq., dated August 24, 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 October 23, 2018.
Entered: August 30, 2018
Mark W. Bennett, Clerk