| IN THE MATTER OF ADM, LLC, DAVID MORRELL, AND ANNE MORRELL V VILLAGE OF MACEDON AND VILLAGE OF MACEDON ZONING BOARD OF |
| Motion No: CA 12-00259 |
| Slip Opinion No: 2012 NY Slip Op 65782(U) |
| Decided on February 29, 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: SMITH, J. P., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-00259
| IN THE MATTER OF ADM, LLC, DAVID MORRELL, AND ANNE MORRELL,
PETITIONERS-APPELLANTS, V VILLAGE OF MACEDON AND VILLAGE OF MACEDON ZONING BOARD OF APPEALS,
RESPONDENTS-RESPONDENTS. IN THE MATTER OF ADM, LLC, DAVID MORRELL, AND ANNE MORRELL, PETITIONERS-APPELLANTS, V
VILLAGE OF MACEDON PLANNING BOARD, RESPONDENT-RESPONDENT. ADM, LLC, DAVID MORRELL, AND ANNE MORRELL,
PLAINTIFFS-APPELLANTS, V VILLAGE OF MACEDON, VILLAGE OF MACEDON PLANNING BOARD, AND REROB, LLC,
DEFENDANTS-RESPONDENTS. |
Defendant REROB, LLC, having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on October 13, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Reuben Ortenberg, Esq., dated February 3, 2012, the notice of motion with proof of service thereof, the affirmation of Arthur B. Williams, Esq., dated February 7, 2012, and the affirmation of David L. Rasmussen, Esq., dated February 13, 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 30, 2012.
Entered: February 29, 2012
Frances E. Cafarell, Clerk