| IN THE MATTER OF NADIA TAFT AND CATHY MOYER V VILLAGE OF NEWARK PLANNING BOARD |
| Motion No: CA 09-01041 |
| Slip Opinion No: 2009 NY Slip Op 75471(U) |
| Decided on June 16, 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 09-01041
| IN THE MATTER OF NADIA TAFT AND CATHY MOYER,
PETITIONERS-RESPONDENTS, V VILLAGE OF NEWARK PLANNING BOARD, RESPONDENT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from a decision of the Supreme Court entered in the Office of the Clerk of the County of Wayne on February 26, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert M. Place sworn to May 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Peter J. Weishaar sworn to May 28, 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 dismissed without costs.
Memorandum: A decision is not appealable (see Amyell Dev. Corp. v Ikon Office Solutions [Appeal No. 2], 48 AD3d 1089 [2008]).
Entered: June 16, 2009
Patricia L. Morgan, Clerk