| MATTER OF BENDERSON DEVELOPMENT COMPANY, LLC., BENDERSON DEVELOPMENT CO., INC., RIVER RIDGE ASSOCIATES, AND RONALD |
| Motion No: CA 11-02278 |
| Slip Opinion No: 2011 NY Slip Op 91839(U) |
| Decided on December 5, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02278
| MATTER OF BENDERSON DEVELOPMENT COMPANY, LLC., BENDERSON
DEVELOPMENT CO., INC., RIVER RIDGE ASSOCIATES, AND RONALD BENDERSON 1995 TRUST, PETITIONERS-APPELLANTS, V TOWN OF
GREECE TOWN BOARD, 4320 WEST RIDGE LLC, AND TOM J. THOMAS, RESPONDENTS-RESPONDENTS. |
Respondent 4320 West Ridge LLC having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 4, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christopher D. Thomas, Esq., dated November 7, 2011, the notice of motion with proof of service thereof, the opposing affidavit of William S. Nolan, Esq., sworn to November 17, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 2, 2012.
Entered: December 5, 2011
Patricia L. Morgan, Clerk