PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, J.J.

DOCKET NO. CA 15-00089

DESIREE DAWLEY, JAMES DAWLEY, LYNN BARBUTO, ROBERT BARBUTO, JAMES NEARPASS, ASTRID NEARPASS, TODD WORDEN, LAURA WORDEN, JONATHAN MORELLI, AND JANE MORELLI, PETITIONERS-APPELLANTS, V WHITETAIL 414, LLC, WILMORITE, INC., TOWN OF TYRE TOWN BOARD, JAMES LEONARD, AND JEANNE LEONARD, RESPONDENTS-RESPONDENTS.

Appellants having moved, pursuant to CPLR 5518, for a preliminary injunction enjoining construction of respondents Whitetail 414, LLC's and Wilmorite, Inc.'s casino project in the Town of Tyre, New York, pending the hearing and determination of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on September 18, 2014, and having moved for other relief,

Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated January 9, 2015, the affidavit of James Nearpass sworn to January 9, 2015, the notice of motion with proof of service thereof, the affirmation of Virginia C. Robbins, Esq., dated January 22, 2015, the affirmation of John A. Mancuso, Esq., dated January 27, 2015, and the affidavit of James E. McKenna sworn to January 27, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a preliminary injunction is denied, and

It is further ORDERED that if appellants perfect the appeal on or before March 20, 2015, the appeal shall be added to the Court's calendar for the term commencing May 18, 2015.

Entered: February 25, 2015

Frances E. Cafarell, Clerk