| MATTER OF THE APPLICATION OF VILLAGE OF ALBION, COUNTY OF ORLEANS, STATE OF NEW YORK V JAMES MCCARTHY AND CHERYL |
| Motion No: CA 10-02140 |
| Slip Opinion No: 2010 NY Slip Op 88186(U) |
| Decided on November 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 10-02140
| MATTER OF THE APPLICATION OF VILLAGE OF ALBION, COUNTY OF ORLEANS,
STATE OF NEW YORK, PETITIONER-RESPONDENT, V JAMES MCCARTHY AND CHERYL MCCARTHY, AND ALL OTHER PERSONS HAVING AN
INTEREST IN AND TO THE PREMISES KNOWN AS 106 SOUTH CAROLINA STREET, ALBION, NEW YORK,
RESPONDENTS-APPELLANTS. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on July 27, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq. dated October 26, 2010, the notice of motion with proof of service thereof, and the affidavits of James McCarthy and Cheryl McCarthy sworn to November 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 January 14, 2011.
Entered: November 15, 2010
Patricia L. Morgan, Clerk