IN THE MATTER OF DIXIE D. LEMMON AND CONCERNED CITIZENS OF SENECA COUNTY V SENECA MEADOWS, INC., TOWN OF WATERLOO TOWN
Motion No: CA 15-00817
Slip Opinion No: 2015 NY Slip Op 75038(U)
Decided on May 28, 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.


May 28, 2015

DOCKET NO. CA 15-00817

IN THE MATTER OF DIXIE D. LEMMON AND CONCERNED CITIZENS OF

SENECA COUNTY, PETITIONERS-APPELLANTS,

V

SENECA MEADOWS, INC., TOWN OF WATERLOO TOWN BOARD AND

TOWN OF WATERLOO PLANNING BOARD, RESPONDENTS-RESPONDENTS.


Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 15, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Christopher D. Thomas, Esq., dated May 11, 2015, and the notice of motion with proof of service thereof, the stipulation of Douglas H. Zamelis, Esq., Christopher D. Thomas, Esq., and Wendy A. Marsh, Esq., dated May 20, 2015,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: May 28, 2015

Frances E. Cafarell, Clerk