Opinion
Motion No CA 22-01929
01-18-2023
MATTER OF DANIEL T. WARREN, PETITIONER-APPELLANT, v. PLANNING BOARD OF TOWN OF WEST SENECA, TOWN OF WEST SENECA, CANISIUS HIGH SCHOOL OF BUFFALO, NEW YORK, BY AND THROUGH FR. DAVID CIANCIMINO, S.J., AS ITS PRESIDENT, RESPONDENTS-RESPONDENTS.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, AND LINDLEY, JJ.
Petitioner having moved for a preliminary injunction pursuant to CPLR 5518, in the appeal taken herein from a judgment of Supreme Court, Erie County, entered December 8, 2022, and for other relief
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion insofar as it seeks a preliminary injunction is denied, and
It is further ORDERED that the motion insofar it seeks a calendar preference is denied as premature without prejudice to a new motion seeking such relief after the appeal is perfected, and
It is further ORDERED that the motion insofar as it seeks an order waiving the requirement of a certified record on appeal is denied (see 22 NYCRR 1250.7 [g] [3]; 1000.7 [b]; Stewart v Soda, 239 A.D.2d 966 [4th Dept 1997]).