PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00262

IN THE MATTER OF THE APPLICATION OF NIAGARA COUNTY, ON BEHALF OF ITS RESIDENTS, JOHN CERETTO, RICHARD E. UPDEGROVE, PAUL B. WOJTASZEK, PETITIONERS-RESPONDENTS, V POWER AUTHORITY OF THE STATE OF NEW YORK, THE STATE OF NEW YORK, MICHAEL J. TOWNSEND, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, JAMES A. BESHA, SR., AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, D. PATRICK CURLEY, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, ELISE M. CUSACK, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, JONATHAN D. FOSTER, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, EUGENE L. NICANDRI, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, RESPONDENTS-APPELLANTS.

Petitioners-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 28, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Charles E. Graney, Esq. dated July 21, 2010, the notice of motion with proof of service thereof, the affirmation of Harold A. Kurland, Esq. dated August 5, 2010, the affirmation of Andrew B. Ayers, Esq. dated August 5, 2010, and due deliberation having been had thereon,

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 September 7, 2010.

Entered: August 16, 2010

Patricia L. Morgan, Clerk