| IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE 11 OF THE REAL PROPERTY TAX LAW |
| Motion No: CA 18-01960 |
| Slip Opinion No: 2018 NY Slip Op 89700(U) |
| Decided on November 26, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01960
| IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM
PURSUANT TO ARTICLE 11 OF THE REAL PROPERTY TAX LAW BY COUNTY OF SENECA, PETITIONER-RESPONDENT, V MAXIM DEVELOPMENT GROUP,
RESPONDENT-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 Seneca on March 18, 2018,
Now, upon reading and filing the affidavit of Dirk A. Galbraith, Esq., sworn to October 25, 2018, the notice of motion with proof of service thereof, and the affirmation of Frank S. Fisher, Esq., dated November 20, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]).
Entered: November 26, 2018
Mark W. Bennett, Clerk