IN THE MATTER OF JOHN WALSH AND AUDRA WALSH V TOWN OF ALLEGANY (PROCEEDING NO. 1.) IN THE MATTER OF JOHN WALSH AND
Motion No: CA 09-00590
Slip Opinion No: 2009 NYSlipOp 69174(U)
Decided on April 7, 2009
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.


April 7, 2009

DOCKET NO. CA 09-00590

IN THE MATTER OF JOHN WALSH AND

AUDRA WALSH, PETITIONERS-RESPONDENTS,

V

TOWN OF ALLEGANY, RESPONDENT-APPELLANT.

(PROCEEDING NO. 1.)

IN THE MATTER OF JOHN WALSH AND

AUDRA WALSH, PETITIONERS-RESPONDENTS,

V

ASSESSOR OF THE TOWN OF ALLEGANY AND

THE BOARD OF ASSESSMENT REVIEW, TOWN OF ALLEGANY,

RESPONDENTS-APPELLANTS.

(PROCEEDING NO. 2.)


Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on December 9, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of J. Michael Shane sworn to March 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Wendy A. Tuttle sworn to April 2, 2009,

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 June 5, 2009.

Entered: April 7, 2009

Patricia L. Morgan, Deputy Clerk