| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY FRANK S. PASZTOR, ITS PRESIDENT V ZONING BOARD OF |
| Motion No: CA 08-02200 |
| Slip Opinion No: 2008 NYSlipOp 88927(U) |
| Decided on November 6, 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 08-02200
| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION,
BY FRANK S. PASZTOR, ITS PRESIDENT, PETITIONER-APPELLANT, V ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST, WAL-MART
STORES, INC. AND BENDERSON DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) BY FRANK S. PASZTOR,
ITS PRESIDENT, PETITIONER-APPELLANT, V PLANNING BOARD OF THE TOWN OF AMHERST, WAL-MART STORES, INC. AND BENDERSON
DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.) |
Respondent Wal-Mart Stores, Inc. 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 Erie on July 16, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John G. Horn dated October 23, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alison L. Odojewski dated October 31, 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 January 5, 2009.
Entered: November 6, 2008
JoAnn M. Wahl, Clerk