| THE NIAGARA VENTURE V NIAGARA FALLS URBAN RENEWAL AGENCY, THE CITY OF NIAGARA FALLS, RICHARD IRWIN ZUCCO, AND VINCENZO |
| Motion No: CA 07-02703 |
| Slip Opinion No: 2007 NYSlipOp 87768(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 07-02703
| THE NIAGARA VENTURE, PLAINTIFF-APPELLANT, V NIAGARA FALLS
URBAN RENEWAL AGENCY, THE CITY OF NIAGARA FALLS, RICHARD IRWIN ZUCCO, AND VINCENZO A. ANELLO,
DEFENDANTS-RESPONDENTS. |
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 12, 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 affirmation of Richard Zucco dated December 19, 2007, the notice of motion with proof of service thereof, the opposing affirmation of
John P. Bartolomei dated December 27, 2007, the notice of cross motion with proof of service thereof,
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
February 27, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: December 31, 2007
JoAnn M. Wahl, Clerk