| IN THE MATTER OF ARTHUR BERG V TOWN OF TULLY TAX ASSESSOR AND TAX COLLECTOR |
| Motion No: CA 12-02024 |
| Slip Opinion No: 2012 NY Slip Op 91016(U) |
| Decided on November 16, 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., SMITH, FAHEY, PERADOTTO, AND LINDLET, JJ.
DOCKET NO. CA 12-02024
| IN THE MATTER OF ARTHUR BERG, PETITIONER-APPELLANT,
V TOWN OF TULLY TAX ASSESSOR AND TAX COLLECTOR, RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 22, 2010,
Now, upon reading and filing the affirmations of Mary A. Osgood, Esq., dated October 29, 2012, and November 9, 2012, the affidavit of Arthur Berg sworn to October 29, 2012, the affidavit of Robert V. Case sworn to November 9, 2012, the notice of motion with proof of service thereof, and the affirmation of Steven J. Primo, Esq., dated November 2, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely.
Entered: November 16, 2012
Frances E. Cafarell, Clerk