| IN THE MATTER OF THE APPLICATION OF THE ONTARIO HEIGHTS HOMEOWNERS ASSOCIATION, JACK TYRIE, AND WILLIAM DUNSMOOR V TOWN |
| Motion No: CA 10-00048 |
| Slip Opinion No: 2010 NY Slip Op 82396(U) |
| Decided on September 8, 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: SMITH, J.P., CENTRA, LINDLEY, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 10-00048
| IN THE MATTER OF THE APPLICATION OF THE ONTARIO HEIGHTS HOMEOWNERS
ASSOCIATION, JACK TYRIE, AND WILLIAM DUNSMOOR, PETITIONERS-APPELLANTS, V TOWN OF OSWEGO PLANNING BOARD AND UNITED
GROUP DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS. |
Respondent Town of Oswego Planning Board having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on September 24, 2009, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq. dated August 30, 2010, the notice of motion with proof of service thereof, the affidavit of Barry Pritchard sworn to August 27, 2010, the affidavit of William Dunsmoor sworn to September 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Entered: September 8, 2010
Patricia L. Morgan, Clerk