Cnty. of Erie v. Mazur (In re Foreclosure of Tax Liens by Proceeding in Rem Pursuant to the in Rem Provisions of the Erie Cnty. Tax Act)

Full title: IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 9, 2017

2017 N.Y. Slip Op. 73479 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00795

05-09-2017

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.

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

PRESENT:

AS SHOWN BY RESOLUTION NO. 31 AT PAGE 279-307 OF THE

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