| MATTER OF C L & F DEVELOPMENT, LLC V ELAINE M. WEISS, CHAIRPERSON, ROBERT GILMORE, MARJORY H. JAEGER, BEBRA NORTON |
| Motion No: CA 07-01881 |
| Slip Opinion No: 2007 NYSlipOp 80402(U) |
| Decided on October 9, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 07-01881
| MATTER OF C L & F DEVELOPMENT, LLC, PETITIONER-RESPONDENT, V ELAINE M. WEISS, CHAIRPERSON, ROBERT GILMORE, MARJORY H. JAEGER, BEBRA NORTON, JONATHAN O'ROURKE, ROBERT SIMMONS, AND DAVID WINZIG, COMPRISING THE PLANNING BOARD OF THE TOWN OF AMHERST, NEW YORK, RESPONDENTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 12, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Richard T. Sullivan dated
September 17, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Alan P. McCracken sworn to September 28, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
November 26, 2007.
Entered: October 9, 2007
JoAnn M. Wahl, Clerk