| MATTER OF DANIEL T. WARREN V PLANNING BOARD OF TOWN OF WEST SENECA, TOWN OF WEST SENECA, CANISIUS HIGH SCHOOL OF |
| Motion No: CA 22-01929 |
| Slip Opinion No: 2023 NY Slip Op 60779(U) |
| Decided on January 18, 2023 |
| 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, PERADOTTO, AND LINDLEY, JJ.
CA 22-01929
| MATTER OF DANIEL T. WARREN,
PETITIONER-APPELLANT, V PLANNING BOARD OF TOWN OF WEST SENECA, TOWN OF WEST SENECA, CANISIUS HIGH SCHOOL OF
BUFFALO, NEW YORK, BY AND THROUGH FR. DAVID CIANCIMINO, S.J., AS ITS PRESIDENT,
RESPONDENTS-RESPONDENTS. |
Petitioner having moved for a preliminary injunction pursuant to CPLR 5518, in the appeal taken herein from a judgment of Supreme Court, Erie County, entered December 8, 2022, and for other relief
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 insofar as it seeks a preliminary injunction is denied, and
It is further ORDERED that the motion insofar it seeks a calendar preference is denied as premature without prejudice to a new motion seeking such relief after the appeal is perfected, and
It is further ORDERED that the motion insofar as it seeks an order waiving the requirement of a certified record on appeal is denied (see 22 NYCRR 1250.7 [g] [3]; 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: January 18, 2023
Ann Dillon Flynn
Clerk of the Court