| IN THE MATTER OF DC3, LLC, V TOWN OF GENEVA, TOWN BOARD OF GENEVA, , AND JOHN AND JANE DOES NOS. 1- 10 |
| Motion No: CA 12-01780 |
| Slip Opinion No: 2012 NY Slip Op 87768(U) |
| Decided on October 18, 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 12-01780
| IN THE MATTER OF DC3, LLC, PETITIONER-PLAINTIFF-APPELLANT,
V TOWN OF GENEVA, TOWN BOARD OF GENEVA, RESPONDENTS-DEFENDANTS-RESPONDENTS, AND JOHN AND JANE DOES NOS. 1- 10,
RESPONDENTS-DEFENDANTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on June 21, 2012,
Now, upon reading and filing the affidavit of Stephen E. Hall, Esq., sworn to September 21, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 18, 2012
Frances E. Cafarell, Clerk