Rochester Eastside Residents for Appropriate Dev., Inc. v. City of Rochester

Full title: ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC. AND…

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

Date published: Sep 2, 2016

2016 N.Y. Slip Op. 85044 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01413

09-02-2016

ROCHESTER EASTSIDE RESIDENTS FOR APPROPRIATE DEVELOPMENT, INC. AND IGATOPSFY, LLC, PETITIONERS-APPELLANTS, v. CITY OF ROCHESTER, CITY OF ROCHESTER ZONING BOARD OF APPEALS, ROCHESTER CITY PLANNING COMMISSION, CITY OF ROCHESTER DIRECTOR OF PLANNING AND ZONING, STEVE CLEASON, ALDI, INC., CRLYN ACQUISITIONS, LLC, CBL, LLC, ET AL., RESPONDENTS-RESPONDENTS.

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

PRESENT:

Respondents Aldi, Inc., CRLYN Acquisitions, LLC, and CBL, LLC having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 24, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Reuben Ortenberg, Esq., dated August 16, 2016, the notice of motion with proof of service thereof, and the affirmation of Jonathan R. Tantillo, Esq., dated August 25, 2016, 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 November 1, 2016.

Entered: September 2, 2016

Frances E. Cafarell, Clerk