| IN THE MATTER OF TOWN OF LERAY, V VILLAGE OF EVANS MILLS AND VILLAGE OF EVANS MILLS PLANNING BOARD, . |
| Motion No: CA 18-02342 |
| Slip Opinion No: 2019 NY Slip Op 60116(U) |
| Decided on January 2, 2019 |
| 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 18-02342
| IN THE MATTER OF TOWN OF LERAY,
PETITIONER-PLAINTIFF-APPELLANT, V VILLAGE OF EVANS MILLS AND VILLAGE OF EVANS MILLS PLANNING BOARD,
RESPONDENTS-DEFENDANTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on May 18, 2018,
Now, upon reading and filing the affirmation of Mark G. Gebo, Esq., dated December 17, 2018, the notice of motion with proof of service thereof, and the affirmation of Brody D. Smith, Esq., dated December 26, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before March 4, 2019.
Entered: January 2, 2019
Mark W. Bennett, Clerk