| IN THE MATTER OF ANDREW R. KOMAREK V PLANNING BOARD OF TOWN OF MIDDLESEX, TOWN BOARD OF MIDDLESEX, AND TOWN OF MIDDLESEX |
| Motion No: CA 17-01455 |
| Slip Opinion No: 2017 NY Slip Op 87475(U) |
| Decided on September 25, 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 17-01455
| IN THE MATTER OF ANDREW R. KOMAREK, PETITIONER-APPELLANT, V
PLANNING BOARD OF TOWN OF MIDDLESEX, TOWN BOARD OF MIDDLESEX, AND TOWN OF MIDDLESEX,
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 Yates on December 1, 2016, and to consolidate potential future appeals,
Now, upon reading and filing the affirmation of Vivek J. Thiagarajan, Esq., dated August 15, 2017, the notice of motion with proof of service thereof, and the affirmation of Janet D. Callahan, Esq., dated September 21, 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 November 21, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion to consolidate potential future appeals is dismissed as premature.
Entered: September 25, 2017
Frances E. Cafarell, Clerk