STATE UNIVERSITY OF NEW YORK V TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE

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 80640(U)

Decided on August 19, 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.

August 19, 2010

PRESENT: MARTOCHE, J.P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-01004

STATE UNIVERSITY OF NEW YORK,
PLAINTIFF-PETITIONER-APPELLANT-RESPONDENT,
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. BUSDIEKER,
MATTHEW AND PAMELA MAROTTA, MARK R. KELLAM,
PAUL CUMMINS, PAMELA CUMMINS,
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,
AND EUGENE TENNEY, DEFENDANT-RESPONDENT-RESPONDENT-APPELLANT.

State University of New York (SUNY) having moved to dismiss the cross appeal of Eugene Tenney (Tenney) taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 12, 2010, on the ground that Tenney has failed to perfect timely the appeal, and

SUNY having moved, in the alternative, for an order directing Tenny to pay 50 percent of the cost of compiling and printing the consolidated record on appeal and joint appendix or directing Tenney to pay the costs for printing his own record on appeal and appendix,

Now, upon reading and filing the affirmation of Benjamin M. Zuffranieri, Esq. dated July 20, 2010, the notice of motion with proof of service thereof, the affidavit of Eugene C. Tenney, Esq. sworn to July 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the cross appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 4, 2010, and

It is further ORDERED that the motion insofar as it requests an order directing Tenney to pay 50 percent of the cost of compiling and printing the consolidated record on appeal and joint appendix, or to pay the costs for printing his own record on appeal and appendix, is hereby denied.

Entered: August 19, 2010

Patricia L. Morgan, Clerk