| IN THE MATTER OF FRUEHAUF AND CHATEAU HOMEOWNERS FOR A CLEAN ENVIRONMENT, INC., SAMANTHA SMITH AND MICHAEL KOZELSKY V |
| Motion No: CA 24-01401 |
| Slip Opinion No: 2024 NY Slip Op 77232(U) |
| Decided on October 21, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 24-01401
| IN THE MATTER OF FRUEHAUF AND CHATEAU HOMEOWNERS FOR A CLEAN
ENVIRONMENT, INC., SAMANTHA SMITH AND MICHAEL KOZELSKY, PETITIONERS-APPELLANTS, V TOWN OF AMHERST, TOWN OF AMHERST
PLANNING BOARD AND BENDERSON DEVELOPMENT COMPANY, LLC, RESPONDENTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court, Erie County, entered January 16, 2024,
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 granted on the condition that the appeal is perfected on or before December 20, 2024.
Entered: October 21, 2024
Ann Dillon Flynn
Clerk of the Court