| IN THE MATTER OF MARY ANN RIZZO, /- V VERIZON CCC LLC, TOWN BOARD OF TOWN OF SOMERSET, TOWN PLANNING BOARD OF TOWN OF |
| Motion No: CA 11-00310 |
| Slip Opinion No: 2011 NY Slip Op 67051(U) |
| Decided on March 11, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00310
| IN THE MATTER OF MARY ANN RIZZO, PETITIONER/PLAINTIFF-APPELLANT,
V VERIZON CCC LLC, TOWN BOARD OF TOWN OF SOMERSET, TOWN PLANNING BOARD OF TOWN OF SOMERSET, ZONING BOARD OF APPEALS OF
TOWN OF SOMERSET, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, NIAGARA COUNTY PLANNING BOARD, AND POWER AUTHORITY OF STATE
OF NEW YORK, RESPONDENTS/DEFENDANTS-RESPONDENTS. |
Respondent Verizon CCC LLC having moved to expedite the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara, on January 14, 2011,
Now, upon reading and filing the affidavit of William D. Christ, Esq. sworn to February 14, 2011, the notice of motion with proof of service thereof, the affirmation of Arthur A. Herdzik, Esq. dated February 14, 2011, the affidavit of Richard J. Meyers sworn to February 14, 2011, and the affirmation of Arthur J. Giacalone, Esq. dated February 18, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: March 11, 2011
Patricia L. Morgan, Clerk