| IN THE MATTER OF MT. HOPE BUSINESS ASSOCIATION, INC., AND UPPER MT. HOPE NEIGHBORHOOD ASSOCIATION, BY ITS PRESIDENT |
| Motion No: CA 11-02014 |
| Slip Opinion No: 2012 NY Slip Op 63693(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. |
DOCKET NO. CA 11-02014
| IN THE MATTER OF MT. HOPE BUSINESS ASSOCIATION, INC., AND UPPER MT.
HOPE NEIGHBORHOOD ASSOCIATION, BY ITS PRESIDENT, DANIEL HURLEY, PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF
THE CITY OF ROCHESTER, ROCHESTER CITY COUNCIL, ROCHESTER CITY PLANNING COMMISSION, CITY OF ROCHESTER, PATRICK G. BENFANTE,
PAUL DEAN, JR., 1286 MT. HOPE AVENUE, LLC, TIM DONUT (U.S.) LIMITED, INC., RESPONDENTS-RESPONDENTS. |
Respondents Patrick G. Benfante, Paul Dean, Jr., and 1286 Mt. Hope Avenue, LLC, having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 30, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Reuben Ortenberg, Esq., dated January 18, 2012, and January 23, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: February 8, 2012
Frances E. Cafarell, Clerk