| NIAGARA FALLS WATER BOARD V TAM CERAMICS, TAM CERAMICS GROUP OF NY, LLC, TAM CERAMICS HOLDINGS, INC., AND 4511 HYDE |
| Motion No: CA 14-01766 |
| Slip Opinion No: 2014 NY Slip Op 86655(U) |
| Decided on October 15, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01766
| NIAGARA FALLS WATER BOARD, PLAINTIFF-APPELLANT,
V TAM CERAMICS, TAM CERAMICS GROUP OF NY, LLC, TAM CERAMICS HOLDINGS, INC., AND 4511 HYDE PARK BLVD, LLC,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on May 19, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Andrew Dylan, Esq., dated September 26, 2014, the notice of motion with proof of service thereof, and the affirmation of Amanda L. Lowe, Esq., dated October 2, 2014, 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 15, 2014.
Entered: October 15, 2014
Frances E. Cafarell, Clerk