| AMERICAN TAX FUNDING, LLC V OLD MAIN GALESBURG, LLC, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, COUNTY OF MONROE |
| Motion No: CA 13-01670 |
| Slip Opinion No: 2013 NY Slip Op 87139(U) |
| Decided on October 2, 2013 |
| 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. |
DOCKET NO. CA 13-01670
| AMERICAN TAX FUNDING, LLC, PLAINTIFF-RESPONDENT,
V OLD MAIN GALESBURG, LLC, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, COUNTY OF MONROE,
DEFENDANTS. VIRGINIA GOINS HENRY, INTERVENOR-APPELLANT. |
Respondent 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 Monroe on June 17, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Iacchetta, Esq., dated September 17, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: October 2, 2013
Frances E. Cafarell, Clerk