| BATAVIA CITY CENTRE MERCHANTS ASSOCIATIONS, INC. V CITY OF BATAVIA CITY OF BATAVIA V BATAVIA CITY CENTRE MERCHANTS |
| Motion No: CA 18-01990 |
| Slip Opinion No: 2018 NY Slip Op 87633(U) |
| Decided on October 29, 2018 |
| 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-01990
| BATAVIA CITY CENTRE MERCHANTS ASSOCIATIONS, INC., PLAINTIFF,
V CITY OF BATAVIA, DEFENDANT-RESPONDENT. CITY OF BATAVIA, PLAINTIFF-RESPONDENT, V BATAVIA CITY CENTRE MERCHANTS
ASSOCIATIONS, INC., DEFENDANT. RTMS PROPERTIES LLC, APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on January 24, 2018,
Now, upon reading and filing the affirmation of David J. McNamara, Esq., dated October 19, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before December 28, 2018.
Entered: October 29, 2018
Mark W. Bennett, Clerk