| IN THE MATTER OF DALE L. HERSH V RAYMOND SCHRADER, FREDA FEELEY, STEVEN HOLLY, ARNOLD BRUNSWICK, AND MEREDITH WEIDMAN |
| Motion No: CA 09-00062 |
| Slip Opinion No: 2009 NYSlipOp 62245(U) |
| Decided on January 27, 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. |
DOCKET NO. CA 09-00062
| IN THE MATTER OF DALE L. HERSH, PETITIONER-APPELLANT, V
RAYMOND SCHRADER, FREDA FEELEY, STEVEN HOLLY, ARNOLD BRUNSWICK, AND MEREDITH WEIDMAN, CONSTITUTING THE PLANNING BOARD OF THE
TOWN OF COHOCTON, CANANDAIGUA POWER PARTNERS, LLC, CANANDAIGUA POWER PARTNERS II, LLC, ET AL.,
RESPONDENTS-RESPONDENTS. |
Respondents Canandaigua Power Partners, LLC, et al. having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on September 30, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ruth E. Leistensnider sworn to January 8, 2009, the notice of motion with proof of service thereof, the affidavit of Todd M. Mathes sworn to January 16, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: January 27, 2009
JoAnn M. Wahl, Clerk