| IN THE MATTER OF DAVID THOMAS AND GLENN WALLACE V ZONING BOARD OF APPEALS OF TOWN OF GRAND ISLAND AND DONALD R. TURNER |
| Motion No: CA 12-01201 |
| Slip Opinion No: 2012 NY Slip Op 87753(U) |
| Decided on October 16, 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., CENTRA, CARNI, LINDLEY, AND VALENTINO, JJ.
DOCKET NO. CA 12-01201
| IN THE MATTER OF DAVID THOMAS AND GLENN WALLACE,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF TOWN OF GRAND ISLAND AND DONALD R. TURNER,
RESPONDENTS-RESPONDENTS. |
Respondent Donald R. Turner 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 Erie on March 23, 2012,
Now, upon reading and filing the affirmation of Corey A. Auerbach, Esq., dated September 7, 2012, the affidavit of Donald R. Turner, sworn to September 7, 2012, the notice of motion with proof of service thereof, the affirmation of Richard J. Lippes, Esq., dated September 12, 2012, and the affirmation of Charles W. Malcomb, Esq., dated September 14, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon oral argument of the appeal.
Entered: October 16, 2012
Frances E. Cafarell, Clerk