MATTER OF QUAIL SUMMIT, INC., - V TOWN OF CANANDAIGUA, DONALD COLLINS, ASSESSOR OF THE TOWN OF CANANDAIGUA, THE BOARD

MATTER OF QUAIL SUMMIT, INC., - V TOWN OF CANANDAIGUA, DONALD COLLINS, ASSESSOR OF THE TOWN OF CANANDAIGUA, THE BOARD

Motion No: CA 07-00247

Slip Opinion No: 2007 NYSlipOp 80413(U)

Decided on October 9, 2007

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 9, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-00247

MATTER OF QUAIL SUMMIT, INC., PETITIONER-APPELLANT
V
TOWN OF CANANDAIGUA, DONALD COLLINS, ASSESSOR OF THE TOWN OF
CANANDAIGUA, THE BOARD OF ASSESSMENT REVIEW FOR TOWN OF
CANANDAIGUA, AND PHYLLIS GOODWIN, CHAIRPERSON OF THE BOARD
OF REVIEW, RESPONDENTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on January 8, 2007,

Now, upon reading and filing the affirmation of Kimberly M. Zimmer dated

September 28, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before December 10, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 9, 2007

JoAnn M. Wahl, Clerk