IN THE MATTER OF PETER S. DUCHMANN AND DUKE DISTRIBUTING COMPANY, INC., DOING BUSINESS AS ADVANCED AUTO ELECTRONICS V
Motion No: CA 11-01807
Slip Opinion No: 2011 NY Slip Op 84366(U)
Decided on September 16, 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.


September 16, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01807

IN THE MATTER OF PETER S. DUCHMANN AND

DUKE DISTRIBUTING COMPANY, INC.,

DOING BUSINESS AS ADVANCED AUTO ELECTRONICS,

PETITIONERS-APPELLANTS,

V

TOWN OF HAMBURG, TOWN OF HAMBURG TOWN BOARD,

TOWN OF HAMBURG BOARD OF ZONING APPEALS,

KURT ALLEN, ENFORCEMENT OFFICER BUILDINGS INSPECTIONS

AND CODE ENFORCEMENT, LAMAR ADVERTISING OF PENN, LLC,

TLC PROPERTIES, INC., LAMAR COMPANY, LLC,

AND LAMAR TEXAS LIMITED PARTNERSHIP,

RESPONDENTS-RESPONDENTS.


Appellants having moved to expedite the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 22, 2011,

Now, upon reading and filing the affirmation of Angela M. Demerle, Esq., dated August 30, 2011, and the notice of motion with proof of service thereof, 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: September 16, 2011

Patricia L. Morgan, Clerk