| IN THE MATTER OF UP STATE TOWER CO., LLC, V VILLAGE OF LAKEWOOD, AND VILLAGE BOARD OF VILLAGE OF LAKEWOOD, INCLUDING |
| Motion No: CA 18-01717 |
| Slip Opinion No: 2018 NY Slip Op 91084(U) |
| Decided on October 1, 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 18-01717
| IN THE MATTER OF UP STATE TOWER CO., LLC,
PETITIONER-PLAINTIFF-APPELLANT, V VILLAGE OF LAKEWOOD, AND VILLAGE BOARD OF VILLAGE OF LAKEWOOD, INCLUDING MAYOR CARA
BIRRITIERI, TRUSTEE DAVID DISALVO, TRUSTEE RANDALL HOLCOMB, TRUSTEE ELLEN BARNES, TRUSTEE SUSAN DRAGO, IN THEIR OFFICIAL CAPACITIES
AS MEMBERS OF VILLAGE OF LAKEWOOD BOARD OF TRUSTEES, RESPONDENTS-DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on January 26, 2018,
Now, upon reading and filing the affirmation of Andrew J. Leja, Esq., dated September 13, 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, and appellant shall perfect the appeal on or before November 30, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 1, 2018
Mark W. Bennett, Clerk