| MATTER OF CITY OF NIAGARA FALLS V NIAGARA FALLS POLICE CLUB, INC. |
| Motion No: CA 07-02251 |
| Slip Opinion No: 2007 NYSlipOp 83153(U) |
| Decided on November 7, 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. |
DOCKET NO. CA 07-02251
| MATTER OF CITY OF NIAGARA FALLS, PETITIONER-APPELLANT, V
NIAGARA FALLS POLICE CLUB, INC., RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 20, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Edward P. Perlman sworn to
October 25, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Christopher M. Mazur dated November 2, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
December 20, 2007.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk