| STATE UNIVERSITY OF NEW YORK, V TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE |
| Motion No: CA 10-01004 |
| Slip Opinion No: 2010 NY Slip Op 73864(U) |
| Decided on June 2, 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 10-01004
| STATE UNIVERSITY OF NEW YORK, PLAINTIFF-PETITIONER-APPELLANT,
V TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE SUPERVISOR OF THE TOWN OF AMHERST, TOWN
BOARD OF THE TOWN OF AMHERST, ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST, GMH COMMUNITIES, LP, COLLEGE PARK INVESTMENTS,
LLC, DAVID LADE, NANCY LADE, WILLIAM S. SCHLEGEL, JOSE OLIVERA, MICHELE OLIVERA, LESTER C. BUSDIECKER, MATTHEW AND PAMELA
MAROTTA, MARK R. KELLAM, PAUL CUMMINS, PAMELA CUMMINS, EUGENE TENNEY, ETTORE INFANTI, MARTIN KEITZ, KIMBERLY MAST, JEFFREY
BROOKS, BARBARA BROOKS, DANIEL P. HULL, THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE TOWN OF AMHERST BUILDING
DEPARTMENT, DEFENDANTS-RESPONDENTS-RESPONDENTS. |
Defendant-respondent-respondent Eugene C. Tenney 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 January 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Eugene C. Tenney, Esq. sworn to May 7, 2010, the notice of motion with proof of service thereof, the affirmation of Benjamin M. Zuffranieri, Jr., Esq. dated May 19, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 2, 2010.
Entered: June 2, 2010
Patricia L. Morgan, Clerk