Opinion
Motion No: CA 12-00185
02-08-2012
IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN TRANSMISSION CORP., PETITIONERS-RESPONDENTS, v. TOWN OF ITALY TOWN BOARD, CONSISTING OF MARGARET DUNN, IN HER CAPACITY AS ITALY TOWN SUPERVISOR AND MEMBER OF THE TOWN BOARD, AMANDA GORTON, TIMOTHY KINTON, CHARLES KREUZER, MALCOLM IAN MACKENZIE, IN THEIR CAPACITY AS MEMBERS OF THE TOWN BOARD, TOWN OF ITALY, ET AL., RESPONDENTS-APPELLANTS, AND FINGER LAKES PRESERVATION ASSOCIATION, INTERVENOR/RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioners having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on September 15, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurie Styka Bloom, Esq,. dated January 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Gary A. Abraham, Esq., dated January 30, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 9, 2012.
Frances E. Cafarell, Clerk