| IN THE MATTER OF JERROLD FERRARO, JUDITH FERRARO, WILLIAM FLEMING, LORRETTA C. AQUILINA, KATHLEEN AQUILINA, JUDITH |
| Motion No: CA 09-02565, |
| Slip Opinion No: 2010 NY Slip Op 65188(U) |
| Decided on March 5, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02565,
| IN THE MATTER OF JERROLD FERRARO, JUDITH FERRARO, WILLIAM FLEMING,
LORRETTA C. AQUILINA, KATHLEEN AQUILINA, JUDITH HYATT, GWEN RICHTHAMMER, MONICA C. WATERS, ARLENE MEROWITZ, AND DANIEL WARD,
INDIVIDUALLY AND AS A MEMBER OF THE TOWN BOARD OF THE TOWN OF AMHERST, PETITIONERS/PLAINTIFFS-APPELLANTS, V TOWN
BOARD OF THE TOWN OF AMHERST, BENDERSON DEVELOPMENT COMPANY, LLC., BUFFALO-MAPLE ROAD LLC, AND BUFFALO-ANDERSON
ASSOCIATES, LLC, RESPONDENTS/DEFENDANTS-RESPONDENTS. |
Appellants having moved for permission to file briefs and the record herein in electronic format on compact disks, read only memory, in lieu of a printed record,
Now, upon reading and filing the affirmation of Richard G. Berger dated January 19, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Alan P. McCracken sworn to January 27, 2010, the opposing affidavit of John J. Henry sworn to January 27, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 5, 2010
Patricia L. Morgan, Clerk