| 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: 2009 NYSlipOp 60300(U) |
| Decided on January 6, 2009 |
| 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 08-02200
| 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.) IN THE MATTER OF
HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, 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.) |
Appellant having moved for an extension of time to perfect 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,
Now, upon reading and filing the affidavit of Gregg S. Maxwell sworn to December 24, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John J. Henry sworn to December 30, 2008, the opposing affirmation of Marc A. Romanowski dated December 30, 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 ordering paragraph of the order of this Court entered November 6, 2008 is hereby amended by deleting the date January 5, 2009 and inserting in its place the date February 4, 2009.
Entered: January 6, 2009
JoAnn M. Wahl, Clerk