Opinion
DOCKET NO. CA 13-01892
11-08-2013
IN THE MATTER OF ELLISON HEIGHTS HOMEOWNERS ASSOCIATION, INC., PETITIONER-APPELLANT, v. TOWN OF PENFIELD, PLANNING BOARD OF THE TOWN OF PENFIELD AND ELLISON HEIGHTS, LLC, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Ellison Heights, LLC 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 Monroe on July 24, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christopher D. Thomas, Esq., dated October 22, 2013, the notice of motion with proof of service thereof, and the affirmation of Douglas A. Foss, Esq., dated November 1, 2013, 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 January 7, 2014.
Frances E. Cafarell, Clerk