| IN THE MATTER OF CONCERNED CITIZENS OF CATTARAUGUS COUNTY, INC. AND KATHY BOSER V TOWN OF ALLEGANY PLANNING BOARD, TOWN |
| Motion No: CA 12-01471 |
| Slip Opinion No: 2012 NY Slip Op 83833(U) |
| Decided on September 6, 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 12-01471
| IN THE MATTER OF CONCERNED CITIZENS OF CATTARAUGUS
COUNTY, INC. AND KATHY BOSER, PETITIONERS-APPELLANTS, V TOWN OF ALLEGANY PLANNING BOARD, TOWN OF
ALLEGANY TOWN BOARD, TOWN OF ALLEGANY ZONING BOARD OF APPEALS, TOWN OF ALLEGANY CODE ENFORCEMENT OFFICER, AND
ALLEGANY WIND, LLC, RESPONDENTS-RESPONDENTS. |
Appellants having moved to dismiss their appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on November 23, 2011,
Now, upon reading and filing the affirmations of Richard E. Stanton, Esq., dated August 16, 2012, and August 24, 2012, the notice of motion with proof of service thereof, and the affirmation of James A. Muscato, II, Esq., dated August 23, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).
Entered: September 6, 2012
Frances E. Cafarell, Clerk