| NORTH TONAWANDA FIRST, BY KATHY KERN, PRESIDENT V CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING COMMISSION |
| Motion No: CA 11-00395 |
| Slip Opinion No: 2011 NY Slip Op 67075(U) |
| Decided on March 14, 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. |
DOCKET NO. CA 11-00395
| NORTH TONAWANDA FIRST, BY KATHY KERN, PRESIDENT,
PETITIONER-APPELLANT, V CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING COMMISSION, CITY OF NORTH
TONAWANDA COMMON COUNCIL, VENUE SYSTEMS, LLC, WAL-MART STORES, INC., PARK CENTRE DEVELOPMENT, INC., IRR SUPPLY CENTERS INC.,
WAL-MART REAL ESTATE BUSINESS TRUST, AND WURLITZER PARK COMPLEX, LLC,
RESPONDENTS-RESPONDENTS. |
Respondents Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 27, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Kenneth D. Friedman, Esq. dated February 10, 2011, and February 24, 2011, the notice of motion with proof of service thereof, and the statement of Frank Housh, Esq. dated February 25, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: March 14, 2011
Patricia L. Morgan, Clerk