IN THE MATTER OF ANN MEYER AND 1262 CULVER AVENUE REALTY, LLC V ZONING BOARD OF APPEALS OF CITY OF UTICA, STEWART'S
Motion No: CA 15-00871
Slip Opinion No: 2016 NY Slip Op 65360(U)
Decided on February 24, 2016
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.


February 24, 2016

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

DOCKET NO. CA 15-00871

IN THE MATTER OF ANN MEYER AND 1262 CULVER AVENUE REALTY,

LLC, PETITIONERS-APPELLANTS,

V

ZONING BOARD OF APPEALS OF CITY OF UTICA, STEWART'S SHOPS

CORP., CARLTON J. BURTH AND JAMES STASAITIS,

RESPONDENTS-RESPONDENTS.


Respondent Stewart's Shops Corp. having moved to expedite the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on May 12, 2015,

Now, upon reading and filing the affirmations of Leah Everhart, Esq., dated January 5, 2016, and January 22, 2016, the affidavit of Charles Marshall sworn to January 5, 2016, the notice of motion with proof of service thereof, and the affidavit of Reuben Ortenberg, Esq., sworn to January 11, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 24, 2016

Frances E. Cafarell, Clerk