| IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID COMPANY OF ONONDAGA V NEW YORK STATE DEPARTMENT OF |
| Motion No: CA 08-01855 |
| Slip Opinion No: 2008 NYSlipOp 83903(U) |
| Decided on September 22, 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 08-01855
| IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID
COMPANY OF ONONDAGA, PETITIONERS-RESPONDENTS, V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND
ALEXANDER B. GRANNIS, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
RESPONDENTS-APPELLANTS. |
Respondents 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 Onondaga on June 10, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Lisa DiPoala Haber dated September 4, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Karen R. Kaufman dated September 18, 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 November 21, 2008.
Entered: September 22, 2008
JoAnn M. Wahl, Clerk