Opinion
Motion No: CA 15-00033
01-28-2015
IN THE MATTER OF EDWIN DORUSZEWSKI, KATHRYN DORUSZEWSKI, RICHARD RUTKOWSKI, KATHRYN KULCZYK, MARY ANN SZCZECINSKI, SUSAN EGGERT, SANDRA D'ANGELO, JAMES LENCZYK, CLARA LEE LENCZYK, RICHARD URBANOWSKI, MARY URBANOWSKI, CARRIE KWARTA AND JUDITH MILLER, PETITIONERS-PLAINTIFFS-RESPONDENTS, v. SERAFINI SALES & SERVICE, INC., MICHAEL SERAFINI INC., RESPONDENTS-DEFENDANTS, KELEMAN-BAUER CONSTRUCTION, INC. DOING BUSINESS AS EDBAUER CONSTRUCTION, RESPONDENT-DEFENDANT-APPELLANT, TOWN OF WEST SENECA, SHAWN MARTIN, IN HIS CAPACITY AS THE WEST SENECA TOWN ATTORNEY, WEST SENECA TOWN BOARD, SHEILA M. MEEGAN, JOHN M. RUSINSKI, EUGENE P. HART, SAID PERSONS CONSTITUTING THE WEST SENECA TOWN BOARD, RESPONDENTS-DEFENDANTS.
Petitioners 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 Erie on August 26, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Frank J. Jacobson, Esq., dated December 31, 2014, 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.
Entered: January 28, 2015
Frances E. Cafarell, Clerk