| RIVERVIEW DEVELOPMENT LLC V CITY OF OSWEGO, THE COMMON COUNCIL OF THE CITY OF OSWEGO, HONORABLE THOMAS W. GILLEN AS |
| Motion No: CA 13-01998 |
| Slip Opinion No: 2013 NY Slip Op 93040(U) |
| Decided on December 4, 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 13-01998
| RIVERVIEW DEVELOPMENT LLC, PLAINTIFF-APPELLANT,
V CITY OF OSWEGO, THE COMMON COUNCIL OF THE CITY OF OSWEGO, HONORABLE THOMAS W. GILLEN AS MAYOR OF CITY OF OSWEGO
AND SRE-MIDTOWN GARAGE ACQUISITIONS, LLC, DEFENDANTS-RESPONDENTS. |
Respondents City of Oswego, the Common Council of the City of Oswego and Honorable Thomas W. Gillen 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 Oswego on August 12, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Douglas M. McRae, Esq., sworn to November 12, 2013, and November 21, 2013, the notice of motion with proof of service thereof, and the affidavit of Kimberly A. Steele, Esq., sworn to November 21, 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 February 3, 2014.
Entered: December 4, 2013
Frances E. Cafarell, Clerk