| TOWN OF AMHERST V ROCKINGHAM ESTATES, LLC, JOHN DOE #5, AND JOHN DOE #6 |
| Motion No: NOS. CA 07-02593 AND CA 07-02594 |
| Slip Opinion No: 2008 NYSlipOp 60746(U) |
| Decided on January 9, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND PERADOTTO, JJ.
DOCKET NOS. CA 07-02593 AND CA 07-02594
| TOWN OF AMHERST, PLAINTIFF-APPELLANT, V ROCKINGHAM
ESTATES, LLC, JOHN DOE #5, AND JOHN DOE #6, DEFENDANTS-RESPONDENTS. |
Respondent Rockingham Estates, LLC having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on December 7, 2007 to dismiss the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 2, 2007 and November 5, 2007 on the ground that appellant has failed to perfect timely the appeals, and to vacate the automatic stay to which appellant is entitled pursuant to CPLR 5519 (a),
Now, upon reading and filing the affidavit of Hugh C. Carlin sworn to December 4, 2007, said show cause order with proof of service thereof, the opposing affidavit of
Christopher P. Moen sworn to December 6, 2007, the reply affidavit of Hugh C. Carlin sworn to January 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the automatic stay is vacated in its entirety and the appeals are dismissed without further order unless the appeals are perfected on or before February 11, 2008.
Entered: January 9, 2008
JoAnn M. Wahl, Clerk