Opinion
Motion No: CA 11-02210
11-17-2011
IN THE MATTER OF THE APPLICATION OF THE VILLAGE OF ALBION, COUNTY OF ORLEANS, STATE OF NEW YORK, PETITIONER-RESPONDENT, v. JAMES MCCARTHY AND CHERYL MCCARTHY, AND ALL OTHER PERSONS HAVING AN INTEREST IN AND TO THE PREMISES KNOWN AS 106 SOUTH CLINTON STREET, ALBION, NEW YORK, RESPONDENTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants 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 Orleans on January 12, 2011,
Now, upon reading and filing the affidavit of James McCarthy sworn to October 31, 2011, the affidavit of Cheryl McCarthy dated October 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated November 10, 2011, 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 December 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Patricia L. Morgan, Clerk