| JOHN T. SMOKE AND LYNN SMOKE, INDIVIDUALLY AND DOING BUSINESS AS HIDDEN FALLS SPRING WATER V PLANNING BOARD OF TOWN OF |
| Motion No: CA 15-01295 |
| Slip Opinion No: 2015 NY Slip Op 84805(U) |
| Decided on September 15, 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 15-01295
| JOHN T. SMOKE AND LYNN SMOKE, INDIVIDUALLY AND DOING BUSINESS AS
HIDDEN FALLS SPRING WATER, PETITIONERS-APPELLANTS, V PLANNING BOARD OF TOWN OF GREIG,
RESPONDENT-RESPONDENT. |
Charles and Lorraine Benzing having moved for permission to appear as amicus curiae on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Lewis on December 1, 2014,
Now, upon reading and filing the affirmation of Donald W. O'Brien, Jr., Esq., dated August 28, 2015, the affidavit of Lorraine Benzing sworn to Augsut 21, 2015, the notice of motion with proof of service thereof, and the affirmation of Raymond A. Meier, Esq., dated September 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that the amicus brief is filed and served in accordance with this Court's rules on or before October 8, 2015, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that briefs in response to the amicus brief, if any, shall be filed and served on or before November 10, 2015.
Entered: September 15, 2015
Frances E. Cafarell, Clerk