WEBSTER CITIZENS FOR APPROPRIATE LAND USE, INC. V TOWN OF WEBSTER, TOWN OF WEBSTER PLANNING BOARD AND TOWN OF WEBSTER
Motion No: CA 20-00771
Slip Opinion No: 2021 NY Slip Op 68948(U)
Decided on July 13, 2021
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.


July 13, 2021

PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND DEJOSEPH, JJ.

CA 20-00771

WEBSTER CITIZENS FOR APPROPRIATE LAND USE, INC.,

PETITIONER-RESPONDENT,

V

TOWN OF WEBSTER, TOWN OF WEBSTER PLANNING BOARD AND TOWN OF

WEBSTER ZONING BOARD OF APPEALS, RESPONDENTS-APPELLANTS.


Petitioner having moved, pursuant to CPLR 5701, to dismiss the appeal taken herein from an order and judgment of the Supreme Court, Monroe County, entered May 19, 2020, contending that the appeal was taken from a nonfinal order in a proceeding against a body or officer pursuant to CPLR article 78,

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 motion is denied.

Entered: July 13, 2021

Mark W. Bennett

Clerk of the Court