IN THE MATTER OF FORECLOSURE OF TAX, USER FEES; SEWER AND WATER CHARGE LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE
Motion No: CA 09-02365
Slip Opinion No: 2009 NY Slip Op 90795(U)
Decided on December 8, 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.


December 8, 2009

DOCKET NO. CA 09-02365

IN THE MATTER OF FORECLOSURE OF TAX, USER FEES; SEWER AND

WATER CHARGE LIENS, BY PROCEEDING IN REM PURSUANT TO

ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF

BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT

NOS. 1 THROUGH 14, INCLUSIVE.

1117 REALTY INTEREST, INC., PETITIONER,

V

CITY OF BUFFALO, ET AL., RESPONDENTS,

AND RONALD BRANTLEY, JR., RESPONDENT-RESPONDENT.



WILLIAM L. PUTNAM, 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 Erie on May 28, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Philip Dabney, Jr. dated November 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Peter J. Pecoraro dated December 4, 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 February 5, 2010.

Entered: December 8, 2009

Patricia L. Morgan, Clerk