Opinion
DOCKET NO. CA 18-01316
07-30-2018
IN THE MATTER OF FRONTIER STONE, LLC, ZELAZNY FAMILY ENTERPRISES, LLC, JAMES J. ZELAZNY, ROBERT W. KWANDRANS, AND DAVID KRUG, PETITIONERS-PLAINTIFFS-APPELLANTS, v. TOWN OF SHELBY, TOWN BOARD OF TOWN OF SHELBY, AND TOWN OF SHELBY PLANNING BOARD, RESPONDENTS-DEFENDANTS-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 Orleans on February 8, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated July 19, 2018, the notice of motion with proof of service thereof, and the affirmation of Gregory M. Brown, Esq., dated July 25, 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 September 10, 2018.
Entered: July 30, 2018
Mark W. Bennett, Clerk