| NATIONAL URBAN VENTURES, INC., THE NIAGARA VENTURE, AND NIAGARA SPLASH, INC. V CITY OF NIAGARA FALLS AND NIAGARA FALLS |
| Motion No: CA 10-00673 |
| Slip Opinion No: 2010 NY Slip Op 67239(U) |
| Decided on March 29, 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 10-00673
| NATIONAL URBAN VENTURES, INC., THE NIAGARA VENTURE, AND
NIAGARA SPLASH, INC., PLAINTIFFS-APPELLANTS, V CITY OF NIAGARA FALLS AND NIAGARA FALLS URBAN RENEWAL AGENCY,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on December 14, 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 Richard Zucco dated March 17, 2010, the notice of motion with proof of service thereof, the opposing affirmation of John P. Bartolomei dated March 24, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 24, 2010, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 29, 2010
Patricia L. Morgan, Clerk