ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC. AND IGATOPSFY, LLC V CITY OF ROCHESTER, CITY OF

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC. AND IGATOPSFY, LLC V CITY OF ROCHESTER, CITY OF

Motion No: CA 16-01413

Slip Opinion No: 2016 NY Slip Op 85044(U)

Decided on September 2, 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.

September 2, 2016

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

DOCKET NO. CA 16-01413

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC.
AND IGATOPSFY, LLC, PETITIONERS-APPELLANTS,
V
CITY OF ROCHESTER, CITY OF ROCHESTER ZONING BOARD OF
APPEALS, ROCHESTER CITY PLANNING COMMISSION, CITY OF
ROCHESTER DIRECTOR OF PLANNING AND ZONING, STEVE CLEASON,
ALDI, INC., CRLYN ACQUISITIONS, LLC, CBL, LLC, ET AL.,
RESPONDENTS-RESPONDENTS.

Respondents Aldi, Inc., CRLYN Acquisitions, LLC, and CBL, LLC having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 24, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Reuben Ortenberg, Esq., dated August 16, 2016, the notice of motion with proof of service thereof, and the affirmation of Jonathan R. Tantillo, Esq., dated August 25, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before November 1, 2016.

Entered: September 2, 2016

Frances E. Cafarell, Clerk