| IN THE MATTER OF PRESBYTERIAN HOMES FOUNDATION, INC., AND PRESWICK GLEN, INC. V PAUL E. SMITH, APPOINTED ASSESSOR OF |
| Motion No: CA 09-01159 |
| Slip Opinion No: 2009 NY Slip Op 78773(U) |
| Decided on July 15, 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. |
DOCKET NO. CA 09-01159
| IN THE MATTER OF PRESBYTERIAN HOMES FOUNDATION, INC., AND PRESWICK
GLEN, INC., PETITIONERS-APPELLANTS, V PAUL E. SMITH, APPOINTED ASSESSOR OF THE TOWN OF NEW HARTFORD, THE TOWN OF NEW
HARTFORD, THE NEW HARTFORD CENTRAL SCHOOL DISTRICT, AND ONEIDA COUNTY,
RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 18, 2009, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Daniel G. Vincelette dated June 5, 2009, the affirmation of William F. Ryan dated June 18, 2009, the notices of motion with proof of service thereof, the opposing affidavit of Stephen J. Grifferty sworn to June 17, 2009, the notice 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 September 8, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: July 15, 2009
Patricia L. Morgan, Clerk