IN THE MATTER OF SWEENEY STEEL SERVICE CORP. V TOWN OF TONAWANDA, PAUL WOLF, TOWN OF TONAWANDA ASSESSOR, BOARD OF
Motion No: CA 15-02132
Slip Opinion No: 2016 NY Slip Op 61278(U)
Decided on January 8, 2016
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.


January 8, 2016

DOCKET NO. CA 15-02132

IN THE MATTER OF SWEENEY STEEL SERVICE CORP.,

PETITIONER-APPELLANT,

V

TOWN OF TONAWANDA, PAUL WOLF, TOWN OF TONAWANDA ASSESSOR,

BOARD OF ASSESSMENT REVIEW OF TOWN OF TONAWANDA,

RESPONDENTS-RESPONDENTS, AND KENMORE-TOWN OF TONAWANDA

UNION FREE SCHOOL DISTRICT, INTERVENOR-RESPONDENT.


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 Erie on September 22, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to December 16, 2015, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: January 8, 2016

Frances E. Cafarell, Clerk