Opinion
Motion No: CA 11-01704
08-23-2011
NORTH TONAWANDA FIRST, BY KATHY KERN, PRESIDENT, PETITIONER-APPELLANT, v. CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING COMMISSION, CITY OF NORTH TONAWANDA COMMON COUNCIL, VENUE SYSTEMS, LLC, WAL-MART STORES, INC., PARK CENTRE DEVELOPMENT, INC., IRR SUPPLY CENTERS INC., WAL-MART REAL ESTATE BUSINESS TRUST, AND WURLITZER PARK COMPLEX, LLC, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust 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 Niagara on March 7, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kenneth D. Friedman, Esq., dated August 9, 2011, the notice of motion with proof of service thereof, the affirmation of David J. Seeger, Esq., dated August 19, 2011, and the affirmation of Frank Housh, Esq., dated August 19, 2011, 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 September 23, 2011.
Patricia L. Morgan, Clerk