| IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN TRANSMISSION CORP. V TOWN OF ITALY TOWN BOARD, CONSISTING OF MARGARET DUNN |
| Motion No: CA 12-00185 |
| Slip Opinion No: 2012 NY Slip Op 63690(U) |
| Decided on February 8, 2012 |
| 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 12-00185
| IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN TRANSMISSION
CORP., PETITIONERS-RESPONDENTS, V TOWN OF ITALY TOWN BOARD, CONSISTING OF MARGARET DUNN, IN HER CAPACITY AS
ITALY TOWN SUPERVISOR AND MEMBER OF THE TOWN BOARD, AMANDA GORTON, TIMOTHY KINTON, CHARLES KREUZER, MALCOLM IAN
MACKENZIE, IN THEIR CAPACITY AS MEMBERS OF THE TOWN BOARD, TOWN OF ITALY, ET AL., RESPONDENTS-APPELLANTS, AND FINGER LAKES
PRESERVATION ASSOCIATION, INTERVENOR/RESPONDENT. |
Petitioners 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 Yates on September 15, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurie Styka Bloom, Esq,. dated January 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Gary A. Abraham, Esq., dated January 30, 2012, 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 April 9, 2012.
Entered: February 8, 2012
Frances E. Cafarell, Clerk