| 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 88738(U) |
| Decided on October 19, 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: CENTRA, J.P., PERADOTTO, VALENTINO, AND MARTOCHE, 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. (PROCEEDING NO. 1.) IN THE MATTER OF ADM, LLC, DAVID MORRELL AND ANNE
MORRELL, PETITIONERS-APPELLANTS, V VILLAGE OF MACEDON PLANNING BOARD, RESPONDENT-RESPONDENT.
(PROCEEDING NO. 2.)
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dash;- ADM, LLC, DAVID MORRELL AND ANNE MORRELL, PLAINTIFFS-APPELLANTS, V VILLAGE OF MACEDON, VILLAGE OF
MACEDON PLANNING BOARD, AND REROB, LLC, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) |
Respondent REROB, LLC 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 Wayne on October 13, 2011, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Reuben Ortenberg, Esq., sworn to August 30, 2012, and the affidavit of Patrick Hyde sworn to August 30, 2012, the notice of motion with proof of service thereof, the affidavit of David Morrell sworn to September 11, 2012, and the affidavit of Arthur B. Williams, Esq., sworn to September 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon oral argument.
Entered: October 19, 2012
Frances E. Cafarell, Clerk