| IN THE MATTER OF THOMAS H. ROWE, PATRICIA H. ROWE, PAT PECKINPAUGH MCDONALD, DAVID PECKINPAUGH, JANET PECKINPAUGH, JAY |
| Motion No: CA 10-02314 |
| Slip Opinion No: 2011 NY Slip Op 68516(U) |
| Decided on March 29, 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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GREEN, JJ.
DOCKET NO. CA 10-02314
| IN THE MATTER OF THOMAS H. ROWE, PATRICIA H. ROWE, PAT PECKINPAUGH
MCDONALD, DAVID PECKINPAUGH, JANET PECKINPAUGH, JAY SUMMERVILLE, DEBRA A. DINNOCENZO AND RICHARD B. SWEGAN,
PETITIONERS-APPELLANTS, V TOWN OF CHAUTAUQUA, JEFFREY M. PADDOCK, IN HIS OFFICIAL CAPACITY AS CODE ENFORCEMENT OFFICER OF
TOWN OF CHAUTAUQUA, CHAUTAUQUA INSTITUTION ARCHITECTURAL REVIEW BOARD, CHAUTAUQUA INSTITUTION, CHARLES HEINZ, IN HIS
OFFICIAL CAPACITY AS HEAD OF ADMINISTRATIVE AND COMMUNITY SERVICES, ROBERT BOWERS AND PAMELA BOWERS,
RESPONDENTS-RESPONDENTS. |
Respondents Chautauqua Institution Architectural Review Board, Chautauqua Institution, and Charles Hines having moved for permission to file and serve a surreply brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 9, 2010,
Now, upon reading and filing the affirmation of Marc A. Romanowski, Esq. dated March 4, 2011, the notice of motion with proof of service thereof, and the affirmation of Daniel A. Spitzer, Esq. dated March 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 29, 2011
Patricia L. Morgan, Clerk