| DAVID CLEERE, MARNY CLEERE, W. SCOTT COLLINS AND BETSY COLLINS V FROST RIDGE CAMPGROUND, LLC, INDIVIDUALLY AND DOING |
| Motion No: CA 17-00827 |
| Slip Opinion No: 2017 NY Slip Op 75678(U) |
| Decided on May 30, 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 17-00827
| DAVID CLEERE, MARNY CLEERE, W. SCOTT COLLINS AND BETSY COLLINS,
PLAINTIFFS-APPELLANTS, V FROST RIDGE CAMPGROUND, LLC, INDIVIDUALLY AND DOING BUSINESS AS THE RIDGE NY RECREATION & CAMPING,
GREGORY LUETTICKE-ARCHBELL, INDIVIDUALLY AND DOING BUSINESS AS THE RIDGE NY RECREATION & CAMPING, DAVID
LUETTICKE-ARCHBELL, DOING BUSINESS AS THE RIDGE NY RECREATION & CAMPING, TOWN OF LEROY AND TOWN OF LEROY ZONING BOARD OF
APPEALS, CONSISTING OF DEBBI JACKET, CHARLES VANBUSKIRK, MARTY BRODIE, CARL SEABURG, TOM SPADARO AND KEN MATTINGLY,
DEFENDANTS-RESPONDENTS. (INDEX NO. 63591.) TOWN OF LEROY, PLAINTIFF, V FROST RIDGE CAMPGROUND, LLC AND THE
BARN GRILL, LLC, DEFENDANTS. (INDEX NO. 63601.)
————————————————— DAVID CLEERE, MARNY
CLEERE, W. SCOTT COLLINS AND BETSY COLLINS, PLAINTIFFS-APPELLANTS, V FROST RIDGE CAMPGROUND, LLC, INDIVIDUALLY AND
DOING BUSINESS AS THE RIDGE NY RECREATION & CAMPING, GREGORY LUETTICKE-ARCHBELL, INDIVIDUALLY AND DOING BUSINESS AS THE
RIDGE NY RECREATION & CAMPING, DAVID LUETTICKE-ARCHBELL, DOING BUSINESS AS THE RIDGE NY RECREATION & CAMPING, TOWN OF LEROY AND
TOWN OF LEROY ZONING BOARD OF APPEALS, CONSISTING OF DEBBI JACKET, CHARLES VANBUSKIRK, MARTY BRODIE, CARL SEABURG, TOM SPADARO
AND KEN MATTINGLY, DEFENDANTS-RESPONDENTS. |
Respondents Town of LeRoy Zoning Board of Appeals consisting of Debbi Jackett, Charles VanBuskirk, Marty Brodie, Carl Seaburg, Tom Spadaro, and Ken Mattingly having moved for an extension of time to file and serve a brief 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 Genesee on November 9, 2016,
Now, upon reading and filing the affidavits of James M. Wujcik, Esq., sworn to May 10, 2017, and May 26, 2017, the notice of motion with proof of service thereof, and the affirmation of Mindy L. Zoghlin, Esq., dated May 11, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that respondents Town of LeRoy Zoning Board of Appeals consisting of Debbi Jackett, Charles Van Buskirk, Marty Brodie, Carl Seaburg, Tom Spadaro, and Ken Mattingly's brief is filed and served on or before July 3, 2017, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs with respect to Town of LeRoy Zoning Board of Appeals consisting of Debbi Jackett, Charles Van Buskirk, Marty Brodie, Carl Seaburg, Tom Spadaro, and Ken Mattingly's brief, if any, shall be filed and served on or before July 18, 2017.
Entered: May 30, 2017
Frances E. Cafarell, Clerk