| IN THE MATTER OF THE APPLICATION OF THE VILLAGE OF ALBION, COUNTY OF ORLEANS, STATE OF NEW YORK V JAMES MCCARTHY AND |
| Motion No: CA 11-02210 |
| Slip Opinion No: 2011 NY Slip Op 90552(U) |
| Decided on November 17, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02210
| IN THE MATTER OF THE APPLICATION OF THE 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 CLINTON STREET, ALBION, NEW YORK,
RESPONDENTS-APPELLANTS. |
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 Orleans on January 12, 2011,
Now, upon reading and filing the affidavit of James McCarthy sworn to October 31, 2011, the affidavit of Cheryl McCarthy dated October 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated November 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before December 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 17, 2011
Patricia L. Morgan, Clerk