Opinion
DOCKET NO. CA 13-01781
10-25-2013
IN THE MATTER OF JOANN N. MECCA, PETITIONER-APPELLANT, v. CITY OF BUFFALO ZONING BOARD OF APPEALS, REV. JAMES LEWIS, IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF APPEALS CHARIMAN, ANTHONY DIINA, IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF APPEALS MEMBER, WARREN GLOVER, IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF APPEALS MEMBER, JOSEPH PANDOLFINO, IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF APPEALS MEMBER, WS PROPERTIES I, LLC AND WHITE'S LIVERY HOUSING DEVELOPMENT FUND COMPANY, INC., RESPONDENTS-RESPONDENTS.
Respondent White's Livery Housing Development Fund Company, Inc., having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 12, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to October 1, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Frances E. Cafarell, Clerk