FREE IN CHRIST PENTECOSTAL CHURCH V TIMOTHY JULIAN, INDIVIDUALLY AND IN HIS DUAL OFFICIAL CAPACITIES AS MAYOR OF THE

FREE IN CHRIST PENTECOSTAL CHURCH V TIMOTHY JULIAN, INDIVIDUALLY AND IN HIS DUAL OFFICIAL CAPACITIES AS MAYOR OF THE

Motion No: CA 08-02517

Slip Opinion No: 2008 NYSlipOp 92873(U)

Decided on December 23, 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.

December 23, 2008

DOCKET NO. CA 08-02517

FREE IN CHRIST PENTECOSTAL CHURCH, PLAINTIFF-APPELLANT,
V
TIMOTHY JULIAN, INDIVIDUALLY AND IN HIS DUAL OFFICIAL
CAPACITIES AS MAYOR OF THE CITY OF UTICA AND CHAIRMAN OF
THE UTICA URBAN RENEWAL AGENCY, ROBERT SULLIVAN,
INDIVIDUALLY AND AS CODES COMMISSIONER OF THE CITY OF
UTICA, LINDA FATATA, INDIVIDUALLY AND AS LEGAL COUNSEL FOR
THE CITY OF UTICA AND URBAN RENEWAL AGENCY, THE UTICA
URBAN RENEWAL AGENCY, AND THE CITY OF UTICA,
DEFENDANTS-RESPONDENTS.

Respondents City of Utica, Timothy Julian, Robert Sullivan and Linda Fatata 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 Oneida on August 22, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of John P. Orilio sworn to December 2, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Leon R. Koziol sworn to December 15, 2008,

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 January 30, 2009.

Entered: December 23, 2008

JoAnn M. Wahl, Clerk