| IN THE MATTER OF LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV CONSTRUCTION CO., INC., AND CHRISTOPHER A. |
| Motion No: 765-10 |
| Slip Opinion No: 2010 NY Slip Op 88765(U) |
| Decided on November 12, 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., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
MOTION NO. 765-10
CA 09-02135
| IN THE MATTER OF LEGACY AT FAIRWAYS, LLC, US HOMES CO., INC., MARK IV
CONSTRUCTION CO., INC., AND CHRISTOPHER A. DIMARZO, PETITIONERS-PLAINTIFFS-RESPONDENTS, V SEAN MCADOO, ALLAN J. BENEDICT,
ZONING BOARD OF APPEALS OF TOWN OF VICTOR, AND TOWN OF VICTOR, RESPONDENTS-DEFENDANTS-APPELLANTS. (APPEAL NO.
1.) |
Petitioners-plaintiffs-respondents, having moved for leave to appeal to the Court of Appeals from the order of this Court entered August 20, 2010,
Now, upon reading and filing the affirmation of Anthony J. Adams, Jr., Esq. dated September 21, 2010, the notice of motion with proof of service thereof, the affidavit of Michael R. Wolford, Esq. sworn to October 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: November 12, 2010
Patricia L. Morgan, Clerk