| LAIDLAW ENERGY AND ENVIRONMENTAL, INC. V TOWN OF ELLICOTTVILLE, NEW YORK; TOWN OF ELLICOTTVILLE ZONING BOARD OF |
| Motion No: CA 10-00136 |
| Slip Opinion No: 2010 NY Slip Op 62644(U) |
| Decided on February 1, 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 10-00136
| LAIDLAW ENERGY AND ENVIRONMENTAL, INC.,
PETITIONER-APPELLANT, V TOWN OF ELLICOTTVILLE, NEW YORK; TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS; JOHN E. KRAMER,
IN HIS CAPACITY AS CHAIR OF THE TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS; CYNTHIA DAYTON, IN HER CAPACITY AS CO-CHAIR OF THE
TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS; ALAN ADAMS; JOHN E. CADY; AND NORMAN WINKLER, IN THEIR CAPACITIES AS MEMBERS
OF THE TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 23, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Ivan E. Lee dated January 15, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Jonathan R. Nelson dated January 22, 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 April 2, 2010.
Entered: February 1, 2010
Patricia L. Morgan, Clerk