| LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV CONSTRUCTION CO., INC., AND CHRISTOPHER A. DIMARZO, V SEAN |
| Motion No: NOS. CA 09-02135 AND CA 09-02582 |
| Slip Opinion No: 2009 NY Slip Op 93035(U) |
| Decided on December 29, 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 NOS. CA 09-02135 AND CA 09-02582
| 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. |
Appellants having moved to consolidate the appeals taken from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 4, 2009 and May 15, 2009, and for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Christopher D. Lindquist sworn to December 18, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the judgment and the order entered August 4, 2009 and May 15, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraph of the order of this Court entered October 26, 2009 is hereby amended by deleting the date December 31, 2009 and inserting in its place the date January 7, 2010.
Entered: December 29, 2009
Patricia L. Morgan, Clerk