IN THE MATTER OF ROME CITY SCHOOL DISTRICT AND THE BOARD OF EDUCATION OF THE ROME CITY SCHOOL DISTRICT V ONEIDA COUNTY
Motion No: CA 12-02271
Slip Opinion No: 2012 NY Slip Op 94157(U)
Decided on December 19, 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.


December 19, 2012

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

DOCKET NO. CA 12-02271

IN THE MATTER OF ROME CITY SCHOOL DISTRICT AND THE

BOARD OF EDUCATION OF THE ROME CITY SCHOOL DISTRICT,

PETITIONERS-APPELLANTS,

V

ONEIDA COUNTY INDUSTRIAL DEVELOPMENT AGENCY,

GRIFFISS UTILITY SERVICES CORPORATION,

CITY OF ROME, JOSEPH SURACE, AS THE ASSESSOR OF THE CITY OF

ROME, AND COUNTY OF ONEIDA, RESPONDENTS-RESPONDENTS.


Respondent Griffiss Utility Services Corporation 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 Oneida on May 24, 2012, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Paul J. Goldman, Esq., sworn to December 7, 2012, the notice of motion with proof of service thereof, and the affidavit of Christopher M. Militello, Esq., sworn to December 12, 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 February 19, 2013.

Entered: December 19, 2012

Frances E. Cafarell, Clerk