| IN THE MATTER OF LOCKPORT SMART GROWTH, INC., DOROTHY STOCKTON, THOMAS WALKER, JOSEPH P. STUART, JR., JAMES EMMERT |
| Motion No: CA 08-01913 |
| Slip Opinion No: 2008 NYSlipOp 83932(U) |
| Decided on September 23, 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 08-01913
DOCKET NO. CA 08-01913PAGE 2
| IN THE MATTER OF LOCKPORT SMART GROWTH, INC., DOROTHY STOCKTON,
THOMAS WALKER, JOSEPH P. STUART, JR., JAMES EMMERT, JOAN A. GRIGG, AND JOANNE WOODSIDE, PETITIONERS-APPELLANTS, V TOWN
OF LOCKPORT, TOWN OF LOCKPORT PLANNING BOARD, RICHARD FORSEY, ROBERT BALCERZAK, MORRIS WINGARD, DAVID KINYON, WALTERN
THORMAN, RODNEY CONRAD, WILLIAM FEW, AND ROBERT LANGDON, IN THE CAPACITIES AS MEMBERS OF THE TOWN OF LOCKPORT PLANNING BOARD,
WAL-MART STORES, INC., WAL-MART REAL ESTATE BUSINESS TRUST, AND LOCKPORT L.L.C., RESPONDENTS-RESPONDENTS. (PROCEEDING NO.
1.) IN THE MATTER OF LOCKPORT SMART GROWTH, INC., JOAN A. GRIGG, AND JAMES EMMERT, PETITIONERS-APPELLANTS, V
TOWN OF LOCKPORT ZONING BOARD OF APPEALS, EUGENE NENNIS, IN HIS OFFICIAL CAPACITY AS THE TOWN OF LOCKPORT BUILDING INSPECTOR,
WAL-MART STORES, INC., LOCKPORT L.L.C., AND WAL-MART REAL ESTATE BUSINESS TRUST, RESPONDENTS-RESPONDENTS. (PROCEEDING NO.
2.) Respondents Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the
Office of the Clerk of the County of Niagara on May 16, 2008, on the ground that appellants have failed to perfect timely the appeal, or in the alternative to expedite oral argument of the appeal, and
petitioners having cross- moved for an extension of time to perfect the appeal, PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA,
JJ. |
Now, upon reading and filing the affirmation of Marc A. Romanowski dated September 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of John J. Ottaviano dated September 16, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of John G. Horn dated September 18, 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 appeal is dismissed without further order unless the appeal is perfected on or before November 21, 2008, and the motion is otherwise dismissed as premature, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: September 23, 2008
JoAnn M. Wahl, Clerk