| CITY OF SYRACUSE V COR DEVELOPMENT COMPANY, LLC, COR INNER HARBOR COMPANY, LLC, COR SOLAR STREET COMPANY IV, LLC, COR |
| Motion No: CA 16-00543 |
| Slip Opinion No: 2016 NY Slip Op 74062(U) |
| Decided on May 18, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 16-00543
| CITY OF SYRACUSE, PLAINTIFF-APPELLANT, V COR DEVELOPMENT
COMPANY, LLC, COR INNER HARBOR COMPANY, LLC, COR SOLAR STREET COMPANY IV, LLC, COR VAN RENSSELAER STREET COMPANY, LLC, COR
WEST KIRKPATRICK STREET COMPANY, LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. |
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 Onondaga on January 25, 2016, on the ground that appellant failed to perfect timely the appeal or, in the alternative, on the ground that the appeal is moot or academic,
Now, upon reading and filing the affidavit of Christopher E. Buckey, Esq., sworn to April 5, 2016, the notice of motion with proof of service thereof, and the affirmation of John A. Sickinger, Esq., dated April 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal as moot or academic, is denied without prejudice, and leave to renew any such arguments in the briefs, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal on the ground that appellant failed to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 18, 2016.
Entered: May 18, 2016
Frances E. Cafarell, Clerk