| SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ. EARTH ENERGY CONSULTANTS, LLC V SENECA COUNTY INDUSTRIAL |
| Motion No: CA 10-01996 |
| Slip Opinion No: 2010 NY Slip Op 87690(U) |
| Decided on November 8, 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 10-01996
| SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ. EARTH ENERGY
CONSULTANTS, LLC, PLAINTIFF-APPELLANT, V SENECA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, SENECA COUNTY ECONOMIC
CORPORATION, AND ROBERT J. ARONSON, EXECUTIVE DIRECTOR, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on June 2, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert J. Bowes, III, Esq. sworn to September 30, 2010, the notice of motion with proof of service thereof, and the affidavit of Gerald T. Walsh, Esq. sworn to October 12, 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 January 7, 2011.
Entered: November 8, 2010
Patricia L. Morgan, Clerk