| 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 69806(U) |
| Decided on April 16, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, 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 to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 15, 2009,
Now, upon reading and filing the affirmation of Richard G. Berger, Esq. dated March 17, 2010, the notice of motion with proof of service thereof, the affidavit of Alan P. McCracken, Esq. sworn to March 31, 2010, the affidavit of John J. Henry, Esq. sworn to March 31, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellants perfect the appeal on or before June 15, 2010.
Entered: April 16, 2010
Patricia L. Morgan, Clerk