| IN THE MATTER OF SUSTAINABLE BIOELECTRIC LLC V TOWN OF WHEATFIELD, TOWN BOARD OF WHEATFIELD, ROBERT CLIFFE, IN THE |
| Motion No: CA 17-00239 |
| Slip Opinion No: 2017 NY Slip Op 64405(U) |
| Decided on February 14, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00239
| IN THE MATTER OF SUSTAINABLE BIOELECTRIC LLC,
PETITIONER-APPELLANT, V TOWN OF WHEATFIELD, TOWN BOARD OF WHEATFIELD, ROBERT CLIFFE, IN THE CAPACITY OF SUPERVISOR OF THE
TOWN OF WHEATFIELD, GILBERT DOUCET, IN THE CAPACITY OF COUNCILMAN OF THE TOWN OF WHEATFIELD, ARTHUR GERBEC, IN THE CAPACITY
OF COUNCILMAN OF THE TOWN OF WHEATFIELD, LARRY HELWIG, IN THE CAPACITY OF COUNCILMAN OF THE TOWN OF WHEATFIELD, RANDY
RETZLAFF, IN THE CAPACITY OF COUNCILMAN OF THE TOWN OF WHEATFIELD, RESPONDENTS-RESPONDENTS. |
Appellant 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 Niagara on May 11, 2016,
Now, upon reading and filing the affidavit of George S. Van Nest, Esq., sworn to February 1, 2017, the notice of motion with proof of service thereof, and the affidavit of Charles D. Grieco, Esq., sworn to February 9, 2017, 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 April 14, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 14, 2017
Frances E. Cafarell, Clerk