| IN THE MATTER OF TOWN OF AMHERST TOWN BOARD AND AUTUMN CREEK APARTMENTS, LLC V TOWN OF AMHERST ZONING BOARD OF APPEALS |
| Motion No: CA 18-01111 |
| Slip Opinion No: 2018 NY Slip Op 90855(U) |
| Decided on October 15, 2018 |
| 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 18-01111
| IN THE MATTER OF TOWN OF AMHERST TOWN BOARD AND AUTUMN CREEK
APARTMENTS, LLC, PETITIONERS-APPELLANTS, V TOWN OF AMHERST ZONING BOARD OF APPEALS, AUDREY LEISING, ELAINE M. RONGE, JEFFERY
D. PALUMBO, AND BARCLAY DAMON, LLP, RESPONDENTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of 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 December 22, 2017,
Now, upon reading and filing the affirmation of Janet D. Callahan, Esq., September 18, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellants perfect the appeal on or before December 14, 2018.
Entered: October 15, 2018
Mark W. Bennett, Clerk