| IN THE MATTER OF SMOKES CREEK ESTATES, LLC V TOWN BOARD OF THE TOWN OF ORCHARD PARK, PLANNING BOARD OF THE TOWN OF |
| Motion No: CA 09-02564 |
| Slip Opinion No: 2010 NY Slip Op 61992(U) |
| Decided on January 12, 2010 |
| 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 09-02564
| IN THE MATTER OF SMOKES CREEK ESTATES, LLC,
PETITIONER-APPELLANT, V TOWN BOARD OF THE TOWN OF ORCHARD PARK, PLANNING BOARD OF THE TOWN OF ORCHARD PARK,
BUILDING AND INSPECTIONS DEPARTMENT OF THE TOWN OF ORCHARD PARK, AND HISTORIC PRESERVATION BOARD OF THE TOWN OF ORCHARD PARK,
RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Edward C. Cosgrove sworn to December 16, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert E. Knoer sworn to January 6, 2010,
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 March 12, 2010.
Entered: January 12, 2010
Patricia L. Morgan, Clerk