IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX
Motion No: CA 09-01879
Slip Opinion No: 2009 NY Slip Op 85333(U)
Decided on October 5, 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.


October 5, 2009

DOCKET NO. CA 09-01879

IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING

IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX



SUSAN M. HELSER, RESPONDENT-APPELLANT.


Respondent 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 Ontario on June 22, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Jason S. DiPonzio dated September 15, 2009, the notice of motion with proof of service thereof, the opposing affirmation of David J. Whitcomb dated September 29, 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 December 4, 2009.

Entered: October 5, 2009

Patricia L. Morgan, Clerk