IN THE MATTER OF RITE AID CORPORATION V CITY OF AUBURN ASSESSOR, CITY OF AUBURN BOARD OF ASSESSMENT REVIEW, AND CITY OF

IN THE MATTER OF RITE AID CORPORATION V CITY OF AUBURN ASSESSOR, CITY OF AUBURN BOARD OF ASSESSMENT REVIEW, AND CITY OF

Motion No: CA 17-00706

Slip Opinion No: 2017 NY Slip Op 71081(U)

Decided on April 17, 2017

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.

April 17, 2017

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

DOCKET NO. CA 17-00706

IN THE MATTER OF RITE AID CORPORATION,
PETITIONER-APPELLANT,
V
CITY OF AUBURN ASSESSOR, CITY OF AUBURN BOARD OF ASSESSMENT
REVIEW, AND CITY OF AUBURN, RESPONDENTS-RESPONDENTS,
AUBURN ENLARGED CITY SCHOOL DISTRICT,
INTERVENOR-RESPONDENT-RESPONDENT.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 24, 2016,

Now, upon reading and filing the affirmation of Robert L. Jacobson, Esq., dated April 7, 2017, the notice of motion with proof of service thereof, the affidavit of Michael J. Hughes, Esq., sworn to April 13, 2017, and the affidavit of Katherine E. Gavett, Esq., sworn to April 13, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before June 6, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 17, 2017

Frances E. Cafarell, Clerk