| In the Matter of the Granger Group et v Zoning Board of Appeals of the Town of Taghkanic et |
| Motion No: 504805 |
| Slip Opinion No: 2008 NYSlipOp 87329(U) |
| Decided on October 22, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: October 22, 2008
Case #
504805
In the Matter of THE GRANGER GROUP et al., Appellants, v Respondents. | AMENDED DECISION AND ORDER ON MOTION |
Motion to dismiss appeal.
Upon the papers filed in support of the motion and the papers filed in opposition
thereto, it is
ORDERED that the motion to dismiss the appeal as moot is denied, without costs, and without prejudice to the issue
involved being raised upon the argument of the appeal, and it is further
ORDERED that the appeal is dismissed, without costs, unless
appellants shall file and serve the record and brief on or before December 8, 2008, in which event the motion to dismiss the appeal for failure of
prosecution is denied.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:
Michael J.
Novack
Clerk of the Court