| 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 68380(U) |
| Decided on April 1, 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.) |
Respondent Wal-Mart Stores, Inc. having moved to expedite oral argument of 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 affirmation of Marc A. Romanowski dated March 3, 2009, the notice of motion with proof of service thereof, the affidavit of John J. Henry sworn to February 24, 2009, the affirmation of Gregg S. Maxwell dated March 13, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is added to the calendar for the term of this Court commencing May 11, 2009.
Entered: April 1, 2009
Patricia l. Morgan, Deputy Clerk