Lavender v. Zoning Bd. of Appeals of Bolton

Full title: In the Matter of JOHN A. LAVENDER II, Appellant, v. ZONING BOARD OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Aug 15, 2014

2014 N.Y. Slip Op. 81411 (N.Y. App. Div. 2014)

Opinion

518770

08-15-2014

In the Matter of JOHN A. LAVENDER II, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF BOLTON et al., Respondents.

Stein

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Motion to dismiss appeal as untimely and for failure of prosecution.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to October 14, 2014, and it is further

ORDERED that the motion to dismiss the appeal as untimely is denied, without costs, and it is further

ORDERED that the appeal is dismissed unless appellant shall file and serve a record on appeal and brief on or before October 14, 2014, in which event the motion to dismiss the appeal for failure of prosecution is denied.

Stein, J. P., Garry, Rose and Egan Jr., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court