| IN THE MATTER OF ELAM SAND & GRAVEL CORP. V TOWN OF WEST BLOOMFIELD ZONING BOARD OF APPEALS, SUE S. STEWART, NEIGHBORS |
| Motion No: CA 15-00501 |
| Slip Opinion No: 2015 NY Slip Op 70870(U) |
| Decided on April 16, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00501
| IN THE MATTER OF ELAM SAND & GRAVEL CORP.,
PETITIONER-APPELLANT, V TOWN OF WEST BLOOMFIELD ZONING BOARD OF APPEALS, SUE S. STEWART, NEIGHBORS TO SUPPORT WEST
BLOOMFIELD, AND CITIZENS TO SUPPORT WEST BLOOMFIELD, RESPONDENTS-RESPONDENTS. |
Respondent Town of West Bloomfield 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 Ontario on November 28, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David K. Hou, Esq., sworn to March 19, 2015, the notice of motion with proof of service thereof, the affidavit of Terence L. Robinson, Jr., Esq., sworn to April 10, 2015, and the affidavit of Peter J. Sorgi, Esq., sworn to April 10, 2015, 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 June 15, 2015.
Entered: April 16, 2015
Frances E. Cafarell, Clerk