| KIM'S VIEW, LLC V ASSESSOR, TOWN OF CUBA, BOARD OF ASSESSMENT REVIEW OF THE TOWN OF CUBA, COUNTY OF ALLEGANY AND STATE |
| Motion No: CA 12-01785 |
| Slip Opinion No: 2012 NY Slip Op 88804(U) |
| Decided on October 24, 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. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-01785
| KIM'S VIEW, LLC, PLAINTIFF-APPELLANT, V ASSESSOR,
TOWN OF CUBA, BOARD OF ASSESSMENT REVIEW OF THE TOWN OF CUBA, COUNTY OF ALLEGANY AND STATE OF NEW YORK,
DEFENDANTS-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 Allegany on July 24, 2012, on the ground that the appeal was not timely taken,
Now, upon reading and filing the affidavit of Richard M. Buck, Jr., Esq., sworn to September 20, 2012, the affidavit of Diane Neal sworn to September 20, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 24, 2012
Frances E. Cafarell, Clerk