| IN THE MATTER OF EXCELSIOR V ASSESSOR, TOWN OF AMHERST , AND AMHERST CENTRAL SCHOOL DISTRICT |
| Motion No: CA 15-00280 |
| Slip Opinion No: 2015 NY Slip Op 73786(U) |
| Decided on May 19, 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. |
PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-00280
| IN THE MATTER OF EXCELSIOR, PETITIONER-APPELLANT, V ASSESSOR,
TOWN OF AMHERST, ET AL., RESPONDENTS, AND AMHERST CENTRAL SCHOOL DISTRICT, RESPONDENT-RESPONDENT. |
Assessor, Town of Amherst, and Board of Assessment Review of Town of Amherst 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 Erie on April 17, 2014, on the ground that they have not been served with the papers on the appeal,
Now, upon reading and filing the affirmation of Ronald P. Bennett, Esq., dated March 17, 2015, and the notice of motion with proof of service thereof, and the affidavit of Peter Allen Weinmann, Esq., sworn to May 13, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 19, 2015
Frances E. Cafarell, Clerk