| IN THE MATTER OF VILLAGE OF PALMYRA V STEPHAINE A. HOLTZ, ASSESSOR FOR THE TOWN OF MANCHESTER AND TOWN OF MANCHESTER |
| Motion No: CA 11-01609 |
| Slip Opinion No: 2011 NY Slip Op 81988(U) |
| Decided on August 24, 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. |
DOCKET NO. CA 11-01609
| IN THE MATTER OF VILLAGE OF PALMYRA, PETITIONER-RESPONDENT, V
STEPHAINE A. HOLTZ, ASSESSOR FOR THE TOWN OF MANCHESTER AND TOWN OF MANCHESTER,
RESPONDENTS-APPELLANTS. |
Petitioner 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 Ontario on April 14, 2011, on the ground that appellants have failed to perfect timely the appeal, and on other grounds,
Now, upon reading and filing the affirmation of Anthony J. Villani, Esq., dated August 8, 2011, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal on the ground that appellants failed to perfect timely the appeal is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the motion is otherwise dismissed as moot.
Entered: August 24, 2011
Patricia L. Morgan, Clerk