| CLEAR SKIES OVER ORANGEVILLE V TOWN BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR., JAMES HERMAN, ANDREW |
| Motion No: CA 10-01650 |
| Slip Opinion No: 2010 NY Slip Op 80001(U) |
| Decided on August 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 10-01650
| CLEAR SKIES OVER ORANGEVILLE, PETITIONER-APPELLANT, V TOWN
BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR., JAMES HERMAN, ANDREW FLINT, TOM SCHABLOSKI,
RESPONDENTS-RESPONDENTS, AND STONEY CREEK ENERGY LLC, INTERVENOR-RESPONDENT-RESPONDENT. |
Respondents having jointly moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 21, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq. dated July 28, 2010, the notice of motion with proof of service thereof, the affirmation of Gary A. Abraham, Esq. dated August 5, 2010, and due deliberation having been had thereon,
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 October 15, 2010.
Entered: August 16, 2010
Patricia L. Morgan, Clerk