IN THE MATTER OF GENEVA GENERAL HOSPITAL V THE ASSESSOR OF THE TOWN OF GENEVA, TOWN OF GENEVA, BOARD OF ASSESSMENT
Motion No: CA 12-01418
Slip Opinion No: 2012 NY Slip Op 82291(U)
Decided on August 21, 2012
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.


August 21, 2012

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

DOCKET NO. CA 12-01418

IN THE MATTER OF GENEVA GENERAL HOSPITAL,

PETITIONER-APPELLANT,

V

THE ASSESSOR OF THE TOWN OF GENEVA,

TOWN OF GENEVA, BOARD OF ASSESSMENT

REVIEW OF THE TOWN OF GENEVA, COUNTY OF

ONTARIO, GENEVA CITY SCHOOL DISTRICT,

RESPONDENTS-RESPONDENTS.


Respondents 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 Steuben on May 22, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Lea T. Nacca, Esq., sworn to August 2, 2012, the notice of motion with proof of service thereof, and the affidavit of Paul T. Sheppard, Esq., sworn to August 9, 2012, 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 October 22, 2012.

Entered: August 21, 2012

Frances E. Cafarell, Clerk