Sree e eee eee Pere eee eee eee eee Fax Message To: 17168490349 Fax: 13152188100 From: Date: 2/25/2015 1123 AM Pages: 1 of 3 (including this page) Subject: Internet Fax Job Image data has been attached.THT Feit SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Bepartment DOCKET NO. CA 15-0089 PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, LJ. DESIRFE DAWLEY, JAMES DAWLEY, LYNN BARBUTO, ROBERT BARBUTO, JAMES NEARPASS, ASTRID NEARPASS, TODD WORDEN, LAURA WORDEN, JONATHAN MORELLL, AND JANE MORELLI, PETITIONERS-APPELLANTS, Vv WHITETAIL 414, LLC, WILMORITE, INC., TOWN OF TYRE TOWN BOARD, JAMES LEONARD, AND JEANNE LEONARD, RESPONDENTS-RESPONDENTS. Appellants having moved, pursuant to CPLR 5518, for a preliminary injunction enjoining, construction of respondents Whitetail 414, LLC’s and Wilmorite, Inc.’s casino project in the ‘Town of Tyte, New York, pending the bearing and determination of the appeal taken herein from an order and judgment of the Supreme Court ‘entered in the Office of the Clerk of the County of ‘Seneca on September 18, 2014, and having moved for othex relicf, ‘Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq.. dated January 9, 2015, the affidavit of James ‘Nearpass sworn to January 9, 2015, the notice of motion: with proof of service thereof, the affiemation of Virginia C. Robbins, Esq., dated January 22, 2015, the affirmation of John A. Mancuso, Esq, dated January 27, 2015, and the affidavit of James B. McKenna swom to January 27, 2015, 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 thot if appellants perfect the appeal on or before March 20, 2015, the appeal shall be added to the Court's calendar for the term commencing May 18, 2015. Entered: February 25, 2015 FRANCES E. CAFARELL, ClerkTPR Feit TART Supreme Court APPELLATE DIVISION Fourth Judicial Department Clerk’s Office, Rochester, N.Y. 1, FRANCES E. CAFARELL, Clerk of the Appellate Division of the Supreme Court in the Fourth Judicial Department, do hereby certify that this is a true copy of the original order, now on file in this office. IN WITNESS WHEREOF. I have hereunto, set my hand and affixed the seal of said Court at the City of Rochester, New York, this Fea 25-205 | awa phgtl. Clerk | | | | |