IN THE MATTER OF CITY OF ROME V THE BOARD OF ASSESSORS AND/OR THE ASSESSOR OF THE TOWN OF LEWIS AND THE BOARD OF
Motion No: CA 16-00089
Slip Opinion No: 2016 NY Slip Op 64023(U)
Decided on February 5, 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.


February 5, 2016

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

DOCKET NO. CA 16-00089
DOCKET NO. CA 16-00090

IN THE MATTER OF CITY OF ROME, PETITIONER-RESPONDENT,

V

THE BOARD OF ASSESSORS AND/OR THE ASSESSOR OF THE TOWN

OF LEWIS AND THE BOARD OF ASSESSMENT REVIEW,

RESPONDENTS-APPELLANTS,

ADIRONDACK CENTRAL SCHOOL DISTRICT AND COUNTY OF LEWIS,

INTERVENORS-RESPONDENTS-APPELLANTS.

IN THE MATTER OF CITY OF ROME, PETITIONER-RESPONDENT,

V

THE BOARD OF ASSESSORS AND/OR THE ASSESSOR OF THE TOWN

OF LEWIS, AND THE BOARD OF ASSESSMENT REVIEW,

RESPONDENTS-APPELLANTS,

ADIRONDACK CENTRAL SCHOOL DISTRICT, INTERVENOR-RESPONDENT

AND COUNTY OF LEWIS, INTERVENOR-RESPONDENT-APPELLANT.


Petitioner having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Lewis on August 27, 2015 (docket No. CA 16-00089), and October 16, 2015 (docket No. CA 16-00090), on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Paul J. Goldman, Esq., sworn to January 8, 2016, the notice of motion with proof of service thereof, the affirmation of C. Louis Abelove, Esq., dated January 19, 2016, the affirmation of Joan E. McNichol, Esq., dated January 19, 2016, and the affidavit of Katherine E. Gavett, Esq., sworn to January 22, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before April 5, 2016.

Entered: February 5, 2016

Frances E. Cafarell, Clerk