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

DOCKET NO. CA 16-01856
AS 100-08 ONONDAGA STREET EAST & WARREN STREET IN THE CITY OF
NO. 101.-09-01.0.

IN THE MATTER OF THE APPLICATION OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, RESPONDENT, PURSUANT TO ARTICLE 4 OF THE EMINENT DOMAIN PROCEDURE LAW, TO ACQUIRE TITLE TO CERTAIN REAL PROPERTY GENERALLY IDENTIFIED SYRACUSE, NEW YORK AND MORE PARTICULARLY IDENTIFIED A SBL FINANCITECH, LTD., APPELLANT, AMADEUS DEVELOPMENT, INC., RESPONDENT.

Respondent City of Syracuse Industrial Development Agency 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 July 25, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Michael E. Nicholson, Esq., dated October 13, 2016, the notice of motion with proof of service thereof, the affirmation of Roger A. Raimond, Esq., dated October 19, 2016, and the affirmation of Justin W. Gray, Esq., dated October 25, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order, as it relates to respondent City of Syracuse Industrial Development Agency, unless the appeal is perfected on or before December 30, 2016.

Entered: October 31, 2016

Frances E. Cafarell, Clerk