| IN THE MATTER OF THE APPLICATION OF ARCELORMITTAL LACKAWANNA LLC, AND ARCELORMITTAL TECUMSEH REDEVELOPMENT INC. V CITY |
| Motion No: CA 08-01826 |
| Slip Opinion No: 2008 NYSlipOp 82302(U) |
| Decided on September 8, 2008 |
| 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 08-01826
| IN THE MATTER OF THE APPLICATION OF ARCELORMITTAL LACKAWANNA
LLC, AND ARCELORMITTAL TECUMSEH REDEVELOPMENT INC., PETITIONERS-RESPONDENTS, V CITY OF LACKAWANNA,
RESPONDENT-RESPONDENT, AND CITY OF LACKAWANNA SCHOOL DISTRICT, INTERVENOR-RESPONDENT-RESPONDENT. COUNTY OF
ERIE, PROPOSED INTERVENOR-RESPONDENT-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 Erie on June 9, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joshua Feinstein dated August 29, 2008, the affirmation of Carl W. Morgan dated September 2, 2008, the affidavit of Paul Morrison-Taylor sworn to September 3, 2008, the notices of motion with proof of service thereof, the opposing affidavit of James L. Tuppen sworn to September 3, 2008,
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 November 10, 2008.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk