Opinion
DOCKET NO. CA 16-02202
12-12-2016
JOHN J. DECARR, KIMBERLY DECARR, STEVE CATELLO, HEATHER CATELLO, MARTY STAPLE, DAWN STAPLE, CODY STAPLE, GARY GAGLIANESE, TERESA DALTMORE, ROBERT CALPETER, JR., CYNTHIA CALPETER, MARY PARRY, ULI ASERIAN, LYNN ASERIAN, CHARLOTTE ASERIAN, ALMONDIE SHIMPINE, DAMIAN MARINO, BOB GREMS, DEBBIE GREMS, LISA GAUDET, DWIGHT DAVIS, MONICA DAVIS, SUE WHITE, ROBIN ROPETSKI, CHRIS ROPETSKI, JEFF STOFFEL, DAVID BYRNE, MARGARET BYRNE, PETITIONERS-APPELLANTS, v. ZONING BOARD OF APPEALS TOWN OF VERONA, MARTIN SCHAUB, SAL SPARCE, HENRY GERWIG, JAMES REGAN, PATRICK BARKER, CONSTITUTING THE BOARD OF APPEALS OF THE TOWN OF VERONA, VINCENT ROSSI, AS THE TOWN ATTORNEY FOR THE TOWN OF VERONA, TOWN OF VERONA, EVOLUTION SITE SERVICES, LLC, UPSTATE CELLULAR PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS, AND WILLIAM G. FRECH LIVING TRUST, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondent Upstate Cellular Partnership 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 Oneida on September 2, 2016, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of J. Michael Naughton, Esq., sworn to November 30, 2016, and December 6, 2016, the affirmation of Andrew J. Campanelli, Esq., dated December 2, 2016, the affidavit of John DeCarr sworn to December 1, 2016, the notices of motion and cross motion with proof of service thereof, and the affidavit of John P. Stockli, Jr., Esq., sworn to December 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that respondent Upstate Cellular Partnership's motion is granted, and the appeal is dismissed, with respect to Upstate Cellular Partnership, without further order unless the appeal is perfected on or before February 10, 2017, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: December 12, 2016
Frances E. Cafarell, Clerk