Schillaci v. Vill. of Sackets Harbor Zoning Bd. of Appeals

Full title: IN THE MATTER OF THERESA A. SCHILLACI, SAMUEL SANZONE, DOROTHY OLSHEFSKI…

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

Date published: Jun 21, 2016

2016 N.Y. Slip Op. 77505 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00976

06-21-2016

IN THE MATTER OF THERESA A. SCHILLACI, SAMUEL SANZONE, DOROTHY OLSHEFSKI AND PAUL WINDOVER, PETITIONERS-APPELLANTS, v. VILLAGE OF SACKETS HARBOR ZONING BOARD OF APPEALS, VILLAGE OF SACKETS HARBOR PLANNING BOARD AND LIBERTY SACKETS HARBOR LLC, RESPONDENTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondents Village of Sackets Harbor Zoning Board of Appeals and Village of Sackets Harbor Planning Board having moved to dismiss the appeal taken herein from a judgment of the Supreme Court, Jefferson County, dated January 26, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jonathan B. Fellows, Esq., sworn to June 6, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to June 9, 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 August 22, 2016.

Entered: June 21, 2016

Frances E. Cafarell, Clerk