| IN THE MATTER OF 1640 STATE ROUTE 104, LLC, AND AARON PRESTON V TOWN OF ONTARIO PLANNING BOARD, BRIAN SMITH, AS CODE |
| Motion No: CA 21-00064 |
| Slip Opinion No: 2022 NY Slip Op 62538(U) |
| Decided on February 15, 2022 |
| 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, CURRAN, AND WINSLOW, JJ.
CA 21-00064
| IN THE MATTER OF 1640 STATE ROUTE 104, LLC, AND
AARON PRESTON, PETITIONERS-APPELLANTS, V TOWN OF ONTARIO PLANNING BOARD, BRIAN SMITH, AS CODE OFFICER OF THE
TOWN OF ONTARIO, AND TOWN OF ONTARIO ZONING BOARD, RESPONDENTS-RESPONDENTS.
|
Respondents having moved to dismiss parts of the appeal taken herein from a judgment of the Supreme Court, Wayne County, entered December 22, 2020, on the ground that the appeal is partially moot,
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 without prejudice and leave to renew any arguments in support of or in opposition to the contention that the appeal is partially moot at oral argument.
Entered: February 15, 2022
Ann Dillon Flynn
Clerk of the Court