Opinion
DOCKET NO. CA 16-02212
12-19-2016
IN THE MATTER OF DR. VIRGINIA M. FICHERA, PH.D, ROBIN ALLINGER, ALVIN G. HAMMOND, JEFFREY A. COUPERUS, TIA M. COUPERUS, DALE RITCHIE, AND LORRAINE RITCHIE, PETITIONERS-APPELLANTS, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ZONING BOARD OF APPEALS OF TOWN OF STERLING, PLANNING BOARD OF TOWN OF STERLING, TOWN OF STERLING, CHRISTOPHER J. CONSTRUCTION, LLC, AND CHRISTOPHER FERLITO, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondents Zoning Board of Appeals of Town of Sterling, Planning Board of Town of Sterling, and Town of Sterling 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 Cayuga on May 17, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin M. Cox, Esq., dated December 7, 2016, the notice of motion with proof of service thereof, the affidavit of Kimberly A. Steele, Esq., sworn to December 9, 2016, and the affidavit of Richard J. Lippes, Esq., sworn to December 12, 2016, 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 February 2, 2017.
Entered: December 19, 2016
Frances E. Cafarell, Clerk