IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVN OF THE REAL PROPERTY TAX LAW
Motion No: CA 16-01237
Slip Opinion No: 2016 NY Slip Op 80822(U)
Decided on July 25, 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.


July 25, 2016

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

DOCKET NO. CA 16-01237

IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN

REM PURSUANT TO ARTICLE ELEVN OF THE REAL PROPERTY TAX LAW

BY CHAUTAUQUA COUNTY.



DAVID DALE, PETITIONER-APPELLANT,

V

COUNTY OF CHAUTAUQUA, RESPONDENT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Chautauqua County Court entered in the Office of the Clerk of the County of Chautauqua on July 24, 2014,

Now, upon reading and filing the affidavit of David Dale sworn to June 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Kurt D. Gustafson, Esq., sworn to July 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.13 [g]).

Entered: July 25, 2016

Frances E. Cafarell, Clerk