Komarek v. Planning Bd. of Town of Middlesex

Full title: IN THE MATTER OF ANDREW R. KOMAREK, PETITIONER-APPELLANT, v. PLANNING…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Sep 25, 2017

2017 N.Y. Slip Op. 87475 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01455

09-25-2017

IN THE MATTER OF ANDREW R. KOMAREK, PETITIONER-APPELLANT, v. PLANNING BOARD OF TOWN OF MIDDLESEX, TOWN BOARD OF MIDDLESEX, AND TOWN OF MIDDLESEX, RESPONDENTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on December 1, 2016, and to consolidate potential future appeals,

Now, upon reading and filing the affirmation of Vivek J. Thiagarajan, Esq., dated August 15, 2017, the notice of motion with proof of service thereof, and the affirmation of Janet D. Callahan, Esq., dated September 21, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before November 21, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion to consolidate potential future appeals is dismissed as premature.

Entered: September 25, 2017

Frances E. Cafarell, Clerk