| DINO DICIENZO AND INTERTRUST DEVELOPMENT, INC. V NIAGARA FALLS URBAN RENEWAL AGENCY |
| Motion No: CA 07-02632 |
| Slip Opinion No: 2007 NYSlipOp 87756(U) |
| Decided on December 31, 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 07-02632
| DINO DICIENZO AND INTERTRUST DEVELOPMENT, INC.,
PLAINTIFFS-RESPONDENTS, V NIAGARA FALLS URBAN RENEWAL AGENCY, DEFENDANT-RESPONDENT. THE NIAGARA VENTURE,
PROPOSED INTERVENOR-APPELLANT. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 17, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Paul Morrison-Taylor sworn to
December 13, 2007, the affirmation of Richard Zucco dated December 20, 2007, the notices of motion with proof of service thereof, the opposing affirmations of John P. Bartolomei dated
December 27, 2007, the notices of cross motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
February 27, 2008, and
It is further ORDERED that the cross motions be, and the same hereby are, dismissed as unnecessary.
Entered: December 31, 2007
JoAnn M. Wahl, Clerk