IN THE MATTER OF VICTORIA G. GARTH AND LEONID G. GARTH V ASSESSORS OF TOWN OF PERINTON, TOWN OF PERINTON BOARD OF

IN THE MATTER OF VICTORIA G. GARTH AND LEONID G. GARTH V ASSESSORS OF TOWN OF PERINTON, TOWN OF PERINTON BOARD OF

Motion No: CA 11-00004

Slip Opinion No: 2011 NY Slip Op 63001(U)

Decided on January 31, 2011

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.

January 31, 2011

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

DOCKET NO. CA 11-00004

IN THE MATTER OF VICTORIA G. GARTH AND LEONID G. GARTH,
PETITIONERS-APPELLANTS,
V
ASSESSORS OF TOWN OF PERINTON,
TOWN OF PERINTON BOARD OF ASSESSMENT REVIEW, AND TOWN OF
PERINTON, RESPONDENTS-RESPONDENTS.

Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 9, 2010,

Now, upon reading and filing the affirmations of G. Michael Miller, Esq. dated December 29, 2010, and January 7, 2011, the affidavit of Leonid G. Garth sworn to December 29, 2010, the notice of motion with proof of service thereof, and the affirmation of M. Akram Faizer, Esq. dated December 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellants shall perfect the appeal on or before March 10, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 31, 2011

Patricia L. Morgan, Clerk