| MATTER OF BRIAN YAEGER AND BRUCE YAEGER V TOWN OF LOCKPORT PLANNING BOARD, TOWN OF LOCKPORT ZONING BOARD OF APPEALS |
| Motion No: CA 08-00283 |
| Slip Opinion No: 2008 NYSlipOp 65004(U) |
| Decided on February 26, 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 CENTRA, JJ.
DOCKET NO. CA 08-00283
| MATTER OF BRIAN YAEGER AND BRUCE YAEGER,
PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT PLANNING BOARD, TOWN OF LOCKPORT ZONING BOARD OF APPEALS, AND MCDONALD'S USA,
LLC, RESPONDENTS-RESPONDENTS. |
Respondent McDonald's USA, LLC 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 Niagara on October 4, 2007, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Peter J. Sorgi sworn to January 15, 2008, the notice of motion with proof of service thereof, the affidavit of Daniel E. Seaman sworn to February 12, 2008, the opposing affirmation of David J. Seeger dated February 15, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Defreestville Area Neighborhood Assn. v Planning Bd. of Town of N. Greenbush, 16 AD3d 715, 717-718 [2005]; see also Town of Riverhead v County of Suffolk, 39 AD3d 537, 538 [2007]).
Entered: February 26, 2008
JoAnn M. Wahl, Clerk