IN THE MATTER OF CANANDAIGUA NATIONAL BANK & TRUST COMPANY V MARK R. BROWN, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW
Motion No: CA 15-00558
Slip Opinion No: 2015 NY Slip Op 70868(U)
Decided on April 16, 2015
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.


April 16, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-00558

IN THE MATTER OF CANANDAIGUA NATIONAL BANK & TRUST COMPANY,

PETITIONER-RESPONDENT,

V

MARK R. BROWN, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW

CITY OF CANANDAIGUA, RESPONDENTS-APPELLANTS.


Petitioner 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 January 6, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Duncan W. O'Dwyer, Esq., dated April 1, 2015, the notice of motion with proof of service thereof, and the affidavit of John T. Refermat, Esq., sworn to April 10, 2015, 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 June 15, 2015.

Entered: April 16, 2015

Frances E. Cafarell, Clerk