| IN THE MATTER OF TARAS HERBOWY V MUNICIPAL HOUSING AUTHORITY OF CITY OF UTICA |
| Motion No: CA 15-00898 |
| Slip Opinion No: 2015 NY Slip Op 77331(U) |
| Decided on June 23, 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: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00898
| IN THE MATTER OF TARAS HERBOWY, PETITIONER-APPELLANT, V
MUNICIPAL HOUSING AUTHORITY OF CITY OF UTICA, RESPONDENT-RESPONDENT. |
Respondent 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 Oneida on February 11, 2015, on the grounds that appellant failed to perfect timely the appeal and for defective service,
Now, upon reading and filing the affidavits of Frank W. Miller, Esq., sworn to May 20, 2015, and June 2, 2015, the notice of motion with proof of service thereof, and the statement of Taras J. Harbowy, Ed. D. dated May 29, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss for failure to timely perfect the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before August 25, 2015, and
It is further ORDERED that the motion is otherwise denied on the condition that petitioner serves respondent's counsel with the notice of appeal on or before July 24, 2015, (see CPLR 5520 [a]).
Entered: June 23, 2015
Frances E. Cafarell, Clerk