Opinion
DOCKET NO. CA 13-00364
03-12-2013
IN THE MATTER OF LIVINGSTON PARKWAY ASSOCIATION, INC., KENNETH PASLAQUA, EDWARD BUTLER, JR., DIANE RODMAN, JAMES REYNOLDS, RAYMOND PAOLINI, AND MICHAEL HUNTRESS, PETITIONERS-APPELLANTS, v. TOWN OF AMHERST ZONING BOARD OF APPEALS, THOMAS KETCHUM, TOWN OF AMHERST, ISKALO 5000 MAIN LLC, ISKALO DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS, SONOMA GRILLE, INC. DOING BUSINESS AS SONOMA GRILLE AND MICHAEL R. MILITELLO, INTERVENORS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Sonoma Grill, Inc. doing business as Sonoma Grille and Michael R. Militello 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 November 26, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated February 26, 2013, the notice of motion with proof of service thereof, and the affirmation of Richard G. Berger, Esq., dated March 7, 2013, 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 May 13, 2013.
Frances E. Cafarell, Clerk