| IN THE MATTER OF SANGERTOWN SQUARE, L.L.C., V ASSESSOR OF THE TOWN OF NEW HARTFORD AND TOWN OF NEW HARTFORD, , AND NEW |
| Motion No: CA 13-01786 |
| Slip Opinion No: 2013 NY Slip Op 89234(U) |
| Decided on October 22, 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 13-01786
| IN THE MATTER OF SANGERTOWN SQUARE, L.L.C.,
PETITIONER-RESPONDENT-APPELLANT, V ASSESSOR OF THE TOWN OF NEW HARTFORD AND TOWN OF NEW HARTFORD,
RESPONDENTS-APPELLANTS-RESPONDENTS, AND NEW HARTFORD CENTRAL SCHOOL DISTRICT,
INTERVENOR-RESPONDENT-APPELLANT. |
Petitioner having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 3, 2013, on the ground that respondents-appellants-respondents and intervenor-respondent-appellant failed to perfect timely the appeal, and
Respondents-appellants-respondents and intervenor-respondent-appellant having cross-moved for an extension of time to perfect the appeal taken from the order and judgment entered July 3, 2013,
Now, upon reading and filing the affirmation of Patricia S. Naughton, Esq., dated October 4, 2013, the affidavit of Brian M. Quinn, Esq., sworn to October 8, 2013, and the notices of motion and cross motion with proof of service thereof, 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 23, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 22, 2013
Frances E. Cafarell, Clerk