| IN THE MATTER OF THE APPLICATOIN OF THE ONTARIO HEIGHTS HOMEOWNERS ASSOCIATION, JACK TYRIE, AND WILLIAM DUNSMOOR V TOWN |
| Motion No: CA 10-00048 |
| Slip Opinion No: 2010 NY Slip Op 61989(U) |
| Decided on January 12, 2010 |
| 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 10-00048
| IN THE MATTER OF THE APPLICATOIN OF THE ONTARIO HEIGHTS HOMEOWNERS
ASSOCIATION, JACK TYRIE, AND WILLIAM DUNSMOOR, PLAINTIFFS-APPELLANTS, V TOWN OF OSWEGO PLANNING BOARD AND UNITED
GROUP DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS. |
Respondent 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 Oswego on September 24, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paul V. Mullin sworn to December 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Janet D. Callahan dated January 7, 2010,
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 March 12, 2010.
Entered: January 12, 2010
Patricia L. Morgan, Clerk