IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO THE IN REM PROVISIONS OF THE ERIE COUNTY TAX
Motion No: CA 17-00795
Slip Opinion No: 2017 NY Slip Op 73479(U)
Decided on May 9, 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.


May 9, 2017

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

DOCKET NO. CA 17-00795
AS SHOWN BY RESOLUTION NO. 31 AT PAGE 279-307 OF THE

IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN

REM PURSUANT TO THE IN REM PROVISIONS OF THE ERIE COUNTY

TAX ACT AND THE RESOLUTION OF THE ERIE COUNTY LEGISLATURE

MINUTES OF THE PROCEEDINGS OF SAID LEGISLATURE FOR THE YEAR

2016.



COUNTY OF ERIE, PETITIONER-RESPONDENT,

V

GERALD S. MAZUR, RESPONDENT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on January 12, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Margaret A. Hurley, Esq., sworn to April 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Richard G. Berger, Esq., dated May 4, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 10, 2017.

Entered: May 9, 2017

Frances E. Cafarell, Clerk