| 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: 2014 NY Slip Op 66287(U) |
| Decided on March 7, 2014 |
| 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. |
Appellant having moved for an extension of time to perfect 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, or, in the alternative, to vacate dismissal of the appeal,
Now, upon reading and filing the affidavits of Kimberly A. Steele, Esq., sworn to February 4, 2014, and February 20, 2014, the notice of motion with proof of service thereof, the affidavit of Douglas M. McRae, Esq., sworn to February 14, 2014, and the affirmation of Robert K .Weiler, Esq., dated February 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal on the condition that appellant perfects the appeal on or before May 6, 2014.
Entered: March 7, 2014
Frances E. Cafarell, Clerk