| IN THE MATTER OF ELLISON HEIGHTS HOMEOWNERS ASSOCIATION, INC. V TOWN OF PENFIELD, PLANNING BOARD OF THE TOWN OF |
| Motion No: CA 13-01892 |
| Slip Opinion No: 2013 NY Slip Op 91130(U) |
| Decided on November 8, 2013 |
| 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 13-01892
| IN THE MATTER OF ELLISON HEIGHTS HOMEOWNERS
ASSOCIATION, INC., PETITIONER-APPELLANT, V TOWN OF PENFIELD, PLANNING BOARD OF THE TOWN OF PENFIELD AND
ELLISON HEIGHTS, LLC, RESPONDENTS-RESPONDENTS. |
Respondent Ellison Heights, 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 Monroe on July 24, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christopher D. Thomas, Esq., dated October 22, 2013, the notice of motion with proof of service thereof, and the affirmation of Douglas A. Foss, Esq., dated November 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 7, 2014.
Entered: November 8, 2013
Frances E. Cafarell, Clerk