| BONNIE CASTLE YACHT BASIN, INC. V TOWN BOARD OF THE TOWN OF ALEXANDRIA, TOWN OF ALEXANDRIA, TOWN OF ALEXANDRIA BOARD OF |
| Motion No: CA 10-01648 |
| Slip Opinion No: 2010 NY Slip Op 82452(U) |
| Decided on September 15, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01648
| BONNIE CASTLE YACHT BASIN, INC., PETITIONER-APPELLANT, V TOWN
BOARD OF THE TOWN OF ALEXANDRIA, TOWN OF ALEXANDRIA, TOWN OF ALEXANDRIA BOARD OF ASSESSMENT, AND ASSESSOR OF TOWN OF
ALEXANDRIA, RESPONDENTS-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 Jefferson on June 3, 2010, on the ground that appellant has failed to take timely an appeal,
Now, upon reading and filing the affidavit of Julian B. Modesti, Esq. sworn to July 28, 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 costs.
Entered: September 15, 2010
Patricia L. Morgan, Clerk