| IN THE MATTER OF ROCHESTER AIR CENTER, LLC - V TOWN OF CHILI PLANNING BOARD AND METALICO ROCHESTER, INC. |
| Motion No: CA 07-02456 |
| Slip Opinion No: 2007 NYSlipOp 86347(U) |
| Decided on December 11, 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 07-02456
| IN THE MATTER OF ROCHESTER AIR CENTER, LLC, ET AL.,
PETITIONERS-APPELLANTS, V TOWN OF CHILI PLANNING BOARD AND METALICO ROCHESTER, INC.,
RESPONDENTS-RESPONDENTS. |
Respondent Metalico Rochester, Inc. having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 14, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert A. Feldman dated
November 26, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Janet D. Callahan dated December 7, 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
February 8, 2008.
Entered: December 11, 2007
JoAnn M. Wahl, Clerk