| IN THE MATTER OF THE APPLICATION FOR A REVIEW UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW OF THE ASSESSMENTS BY FFT |
| Motion No: CA 13-01754 |
| Slip Opinion No: 2013 NY Slip Op 87870(U) |
| Decided on October 9, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01754
| IN THE MATTER OF THE APPLICATION FOR A REVIEW UNDER
ARTICLE 7 OF THE REAL PROPERTY TAX LAW OF THE ASSESSMENTS BY FFT SENIOR COMMUNITIES, INC., PETITIONER-RESPONDENT,
V TOWN OF CANANDAIGUA AND THE BOARD OF ASSESSMENT REVIEW FOR THE TOWN OF CANANDAIGUA, COUNTY OF ONTARIO,
RESPONDENTS-APPELLANTS. |
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 Ontario on June 17, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dan Biersdorf, Esq., sworn to September 26, 2013, the notice of motion with proof of service thereof, and the affidavit of John T. Refermat, Esq., sworn to October 3, 2013, 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 December 9, 2013.
Entered: October 9, 2013
Frances E. Cafarell, Clerk