| IN THE MATTER OF CLEAR SKIES OVER ORANGEVILLE AND CATHI ORR, AS PRESIDENT V THE TOWN OF ORANGEVILLE TOWN BOARD AND |
| Motion No: CA 12-01014 |
| Slip Opinion No: 2012 NY Slip Op 76084(U) |
| Decided on June 12, 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 12-01014
| IN THE MATTER OF CLEAR SKIES OVER ORANGEVILLE AND CATHI ORR, AS
PRESIDENT, PETITIONERS-APPELLANTS, V THE TOWN OF ORANGEVILLE TOWN BOARD AND STONY CREEK ENERGY, LLC,
RESPONDENTS-RESPONDENTS. |
Respondent Stony Creek Energy, 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 Wyoming on February 23, 2012, on the ground that appellants have failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated May 31, 2012, the notice of motion with proof of service thereof, and the affirmation of Gary A. Abraham, Esq., dated June 7, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 10, 2012, and
It is further ORDERED that the motion is otherwise denied.
Entered: June 12, 2012
Frances E. Cafarell, Clerk