IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF THE REAL PROPERTY LAW BY NFR GATEWAY, LLC (NABISCO) V CITY OF

IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF THE REAL PROPERTY LAW BY NFR GATEWAY, LLC (NABISCO) V CITY OF

Motion No: CA 19-01950

Slip Opinion No: 2020 NY Slip Op 61547(U)

Decided on January 21, 2020

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.

January 21, 2020

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

CA 19-01950

IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF
THE REAL PROPERTY LAW BY NFR GATEWAY, LLC (NABISCO),
PETITIONER-RESPONDENT,
V
CITY OF NIAGARA FALLS AND COUNTY OF NIAGARA,
RESPONDENTS-APPELLANTS.

ASSESSOR OF CITY OF NIAGARA FALLS, BOARD OF ASSESSMENT
REVIEW OF CITY OF NIAGARA FALLS, CITY SCHOOL DISTRICT
OF CITY OF NIAGARA FALLS, APPELLANTS.

Appellants City of Niagara Falls and Board of Assessment Review of City of Niagara Falls having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Niagara County, entered March 20, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, the time for City of Niagara Falls and Board of Assessment Review of City of Niagara Falls to perfect the appeal is extended to February 14, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: January 21, 2020

Mark W. Bennett

Clerk of the Court