| MOTION NO. 485/08 IN THE MATTER OF RSM WEST LAKE ROAD LLC, GERMAN BROTHERS MARINA, INC., AND RSM DEVELOPMENT COMPANY |
| Motion No: CA 07-02103 |
| Slip Opinion No: 2008 NYSlipOp 93482(U) |
| Decided on December 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 07-02103
| MOTION NO. 485/08 IN THE MATTER OF RSM WEST LAKE ROAD LLC, GERMAN
BROTHERS MARINA, INC., AND RSM DEVELOPMENT COMPANY, LLC, PETITIONERS-RESPONDENTS, V TOWN OF CANANDAIGUA ZONING
BOARD OF APPEALS, ET AL., RESPONDENTS, AL KRAUS, PRISCILLA HERBIK, OKSANA FULLER, EAST SHORE ASSOCIATION OF CANANDAIGUA LAKE,
INC., AND CANANDAIGUA LAKE WATERSHED ALLIANCE, INC., RESPONDENTS-APPELLANTS. |
Petitioners having moved to amend the Memorandum and Order of this Court entered October 3, 2008,
Now, upon reading and filing the affirmation of Thomas F. Walsh dated November 26, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Sheldon W. Boyce dated December 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk