PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-00209

IN THE MATTER OF CASINO FREE TYRE BY ITS PRESIDENT JAMES DAWLEY, III, DESIREE DAWLEY, JAMES DAWLEY, III, LYNN BARBUTO, ROBERT BARBUTO, JONATHAN MORELLI, JANE MORELLI, ASTRID NEARPASS, JAMES NEARPASS, LAURA WORDEN, TODD WORDEN, DAGMAR NEARPASS, PETITIONERS-APPELLANTS, V TOWN BOARD OF TYRE, TOWN OF TYRE, DAVID PAGE, AS CODE ENFORCEMENT OFFICER OF TOWN OF TYRE, LAGO RESORT & CASINO, LLC, WILPAC HOLDINGS, LLC, WILMOT GAMING, LLC, WILPAC FUNDING, LLC, THOMAS C. WILMOT, SR., M. BRENT STEVENS, AND WILMORITE, INC., RESPONDENTS-RESPONDENTS.

Appellants having moved, pursuant to CPLR 5518, for a preliminary injunction enjoining construction and any work on the site of the Lago Resort and Casino in the Town of Tyre, New York, pending the hearing and determination of the appeal taken herein from a order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on February 1, 2016,

Now, upon reading and filing the affidavits of Arthur W. Wentlandt, Esq., sworn to February 5, 2016, and February 19, 2016, the affidavit of Todd Worden sworn to February 5, 2016, the affidavits of Desiree Dawley sworn to February 5, 2016, and February 19, 2016, the affidavit of Lynn Barbuto sworn to February 5, 2016, the affidavit of Adam Cummings, PE, BCEE sworn to February 16, 2016, the notice of motion with proof of service thereof, the affirmation of Thomas R. Smith, Esq., dated February 16, 2016, the affidavit of James E. McKenna, Esq., sworn February 16, 2016, the affirmation of Philip G. Spellane, Esq., dated February 16, 2016, the affidavit of Thomas C. Wilmont sworn to February 11, 2016, the affidavit of Daniel Kuntz sworn to February 15, 2016, the affidavit of Gary Robb sworn to February 15, 2016, the affidavit of Marshall C. Hardy, Jr., sworn to February 15, 2016, the affidavit of Michael L. Davis sworn to February 15, 2016, the affidavit of Natalie Schramm sworn to February 11, 2016, the affidavit of Dr. William R. Thornton sworn to February 15, 2016, the affidavit of Nicholas A. Sciotti sworn to February 17, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks preliminary injunction is denied, and

It is further ORDERED that if appellants perfect the appeal on or before March 25, 2016, the appeal shall be added to the Court's calendar for the term commencing May 16, 2016, and

It is further ORDERED that if the appeal is perfected on or before March 25, 2016, respondents' briefs shall be filed on or before April 19, 2016, and reply briefs, if any, shall be filed on or before April 29, 2016.

Entered: February 29, 2016

Frances E. Cafarell, Clerk