| LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV CONSTRUCTION CO., INC., AND CHRISTOPHER A. DIMARZO, V SEAN |
| Motion No: CA 09-02135 |
| Slip Opinion No: 2009 NY Slip Op 87229(U) |
| Decided on October 26, 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 09-02135
| LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV CONSTRUCTION CO.,
INC., AND CHRISTOPHER A. DIMARZO, PETITIONERS-PLAINTIFFS-RESPONDENTS V SEAN MCADOO, ALLAN J. BENEDICT, THE ZONING BOARD OF
APPEALS OF THE TOWN OF VICTOR, AND THE TOWN OF VICTOR, RESPONDENTS-DEFENDANTS-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 August 4, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Adams, Jr. dated October 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Christopher D. Lindquist sworn to October 23, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 31, 2009.
Entered: October 26, 2009
Patricia L. Morgan, Clerk