| WATERBURY SQUARE, INC., INDIVIDUALLY AND AS A CLASS REPRESENTATIVE OF INTERESTED PARTIES TO THE ORISKANY COMMONS ACTION |
| Motion No: CA 19-01203 |
| Slip Opinion No: 2019 NY Slip Op 75451(U) |
| Decided on July 17, 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: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.
CA 19-01203
| WATERBURY SQUARE, INC., INDIVIDUALLY AND AS A CLASS REPRESENTATIVE
OF INTERESTED PARTIES TO THE ORISKANY COMMONS ACTION, PLAINTIFF-APPELLANT, V GPD GROUP, PETER C. EARLE,
DEFENDANTS, PRIMAX PROPERTIES, LLC, DOLLAR GENERAL CORPORATION DOING BUSINESS AS DOLLAR GENERAL PARTNERS, LLC, VILLAGE OF
ORISKANY, AND GEORGE J. FARLEY, ZONING AND CODE ENFORCEMENT OFFICER VILLAGE OF
ORISKANY, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court, Oneida County, dated January 25, 2019, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (a), and for any other relief this Court deems just and proper,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed on the ground that plaintiff is not an aggrieved party (see CPLR 5511; Capretto v City of Buffalo, 124 AD3d 1304, 1305-1306 [4th Dept 2014]).
Entered: July 17, 2019
Mark W. Bennett
Clerk of the Court