Opinion
Motion CA 21-00064
02-15-2022
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.
Unpublished Opinion
MOTION DECISION
PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, AND WINSLOW, JJ.
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.