| TOWN OF MARILLA AND TIMOTHY J. SCOTT V STANLEY E. TRAVIS, TRAV-CO FARMS, SUSTAINABLE BIOPOWER, LLC, NEW YORK STATE |
| Motion No: CA 16-01249 |
| Slip Opinion No: 2016 NY Slip Op 82874(U) |
| Decided on August 17, 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. |
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, AND SCUDDER, JJ.
DOCKET NO. CA 16-01249
| TOWN OF MARILLA AND TIMOTHY J. SCOTT, PETITIONERS-APPELLANTS,
V STANLEY E. TRAVIS, TRAV-CO FARMS, SUSTAINABLE BIOPOWER, LLC, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
AND BARBARA TRAVIS, RESPONDENTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal, for an extension of time to perfect the appeal, and for permission to file briefs and the record herein in electronic format on compact disks, in lieu of a printed record, on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 13, 2015,
Now, upon reading and filing the affirmation of Richard E. Stanton, Esq, dated July 20, 2016, the notice of motion with proof of service thereof, and the affirmation of John A. Mancuso, Esq,. dated July 29, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before October 17, 2016, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks to submit documents electronically in lieu of printed versions is denied.
Entered: August 17, 2016
Frances E. Cafarell, Clerk