IN THE MATTER OF PITTSFORD CANALSIDE PROPERTIES, LLC V VILLAGE OF PITTSFORD ZONING BOARD OF APPEALS VILLAGE OF
Motion No: CA 15-00740
Slip Opinion No: 2015 NY Slip Op 75044(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

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 15-00740

IN THE MATTER OF PITTSFORD CANALSIDE PROPERTIES, LLC,

PETITIONER-RESPONDENT.

V

VILLAGE OF PITTSFORD ZONING BOARD OF APPEALS,

VILLAGE OF PITTSFORD ARCHITECTURAL PRESERVATION AND REVIEW

BOARD, VILLAGE OF PITTSFORD CLERK AND FRIENDS OF PITTSFORD

VILLAGE, INC., RESPONDENTS-APPELLANTS.


Petitioner having moved to vacate a stay of all proceedings, pursuant to CPLR 5519 (a) (1), to enforce the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 6, 2015, and for other relief,

Now, upon reading and filing the affirmations of John A. Mancuso, Esq., dated April 30, 2015, and May 1, 2015, the affidavit of Christopher A. DiMarzo sworn to April 30, 2015, the notice of motion with proof of service thereof, the affirmation of Charles W. Malcomb, Esq., dated May 7, 2015, the affirmation of Alan J. Knauf, Esq., dated May 8, 2015, the affirmation of Jeffrey L. Turner, Esq., dated May 8, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent the automatic stay of proceedings to enforce the order and judgment entered March 6, 2015, is hereby vacated, and the motion is otherwise denied.

Entered: May 28, 2015

Frances E. Cafarell, Clerk