| MATTER OF RESIDENTS AGAINST WAL-MART, BY ITS PRESIDENT DONN P. RICE V PLANNING BOARD OF THE TOWN OF GREECE, ZONING |
| Motion No: CA 08-01662 |
| Slip Opinion No: 2008 NYSlipOp 80646(U) |
| Decided on August 19, 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. |
DOCKET NO. CA 08-01662
| MATTER OF RESIDENTS AGAINST WAL-MART, BY ITS PRESIDENT DONN P. RICE,
PETITIONER-APPELLANT, V PLANNING BOARD OF THE TOWN OF GREECE, ZONING BOARD OF APPEALS OF THE TOWN OF GREECE, WIDEWATERS
GROUP, INC., AND WAL-MART REAL ESTATE BUSINESS TRUST, RESPONDENTS-RESPONDENTS. |
Respondent Wal-Mart Real Estate Business Trust having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 1, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurie Styka Bloom dated August 5, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David J. Seeger dated August 15, 2008,
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 September 5, 2008.
Entered: August 19, 2008
JoAnn M. Wahl, Clerk