Opinion
Motion No: CA 11-01460
08-03-2011
IN THE MATTER OF ROYAL MANAGEMENT, INC., PETITIONER-RESPONDENT, v. TOWN OF WEST SENECA, WEST SENECA TOWN BOARD, WALLACE C. PIOTROWSKI, SHEILA M. MEEGAN, AND DALE F. CLARKE, SAID PERSONS CONSTITUTING THE WEST SENECA TOWN BOARD, RESPONDENTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 April 1, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson, Esq., sworn to July 14, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael F. Perley, Esq., sworn to July 29, 2011, 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 October 3, 2011.
Patricia L. Morgan, Clerk