| IN THE MATTER OF ELAM SAND & GRAVEL CORP. AND GARY EVANS, V TOWN OF WEST BLOOMFIELD, TOWN BOARD OF TOWN OF WEST |
| Motion No: CA 15-01523 |
| Slip Opinion No: 2015 NY Slip Op 85502(U) |
| Decided on September 22, 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 15-01523
| IN THE MATTER OF ELAM SAND & GRAVEL CORP. AND GARY EVANS,
PLAINTIFFS-PETITIONERS-APPELLANTS, V TOWN OF WEST BLOOMFIELD, TOWN BOARD OF TOWN OF WEST BLOOMFIELD, TOWN OF WEST
BLOOMFIELD PLANNING BOARD, NEIGHBORS TO SUPPORT WEST BLOOMFIELD AND CITIZENS TO SUPPORT WEST BLOOMFIELD,
DEFENDANTS-RESPONDENTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on October 27, 2014, and
Respondents Town of West Bloomfield, Town Board of Town of West Bloomfield, and Town of West Bloomfield Planning Board having cross-moved to dismiss the appeal for failure to timely perfect the appeal,
Now, upon reading and filing the affidavit of Peter J. Sorgi, Esq., sworn to September 3, 2015, the affidavit of David K. Hou, Esq., sworn to September 15, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before November 2, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondents' cross motion is dismissed.
Entered: September 22, 2015
Frances E. Cafarell, Clerk