| IN THE MATTER OF RESIDENTS INVOLVED IN COMMUNITY ACTIONS (RICA), DANIEL BEYER AND DANIEL O'BRIEN V TOWN/VILLAGE OF |
| Motion No: CA 08-02124 |
| Slip Opinion No: 2008 NYSlipOp 88295(U) |
| Decided on October 31, 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 08-02124
| IN THE MATTER OF RESIDENTS INVOLVED IN COMMUNITY ACTIONS (RICA),
DANIEL BEYER AND DANIEL O'BRIEN, PETITIONERS-APPELLANTS, V TOWN/VILLAGE OF LOWVILLE PLANNING BOARD AND MJL CRUSHING,
LLC, RESPONDENTS-RESPONDENTS. |
Respondent MJL Crushing, LLC 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 Lewis on April 30, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas P. Hughes sworn to October 9, 2008, the notice of motion with proof of service thereof, the affidavit of Raymond A. Meier sworn to October 14, 2008, the opposing affirmation of Scott F. Chatfield dated October 20, 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 December 1, 2008.
Entered: October 31, 2008
JoAnn M. Wahl, Clerk