AURORANS' FOR RESPONSIBLE DEVELOPMENT, AN UNINCORPORATED ASSOCIATED, BY JOHN HUGHES, ITS PRESIDENT V TOWN BOARD OF THE

AURORANS' FOR RESPONSIBLE DEVELOPMENT, AN UNINCORPORATED ASSOCIATED, BY JOHN HUGHES, ITS PRESIDENT V TOWN BOARD OF THE

Motion No: CA 08-00104

Slip Opinion No: 2008 NYSlipOp 62442(U)

Decided on January 29, 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.

January 29, 2008

DOCKET NO. CA 08-00104

AURORANS' FOR RESPONSIBLE DEVELOPMENT, AN UNINCORPORATED
ASSOCIATED, BY JOHN HUGHES, ITS PRESIDENT,
PETITIONER-APPELLANT,
V
TOWN BOARD OF THE TOWN OF AURORA AND LEGACY POLO GROUNDS,
LLC, RESPONDENTS-RESPONDENTS.

Respondent Legacy Polo Grounds, LLC 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 Erie on September 13, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Brian N. Lewandowski sworn to

January 7, 2008, the affidavit of Frank A. Chinnici sworn to January 7, 2008, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: January 29, 2008

JoAnn M. Wahl, Clerk