| IN THE MATTER OF VIRGINIA ASHFIELD, LOUIS FICO, AND BEACON ESTATES, LLC V THE PLANNING BOARD OF THE VILLAGE OF WEBSTER |
| Motion No: CA 09-00424 |
| Slip Opinion No: 2009 NYSlipOp 66990(U) |
| Decided on March 13, 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 09-00424
| IN THE MATTER OF VIRGINIA ASHFIELD, LOUIS FICO, AND BEACON ESTATES,
LLC, PETITIONERS-RESPONDENTS, V THE PLANNING BOARD OF THE VILLAGE OF WEBSTER, THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF WEBSTER, AND WILLIAM BARHAM, BUILDING INSPECTOR FOR THE VILLAGE OF WEBSTER,
RESPONDENTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 18, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Reuben Ortenberg sworn to February 23, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk