Opinion
DOCKET NO. CA 17-00795
08-28-2017
IN THE MATTER OF THE 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 OF THE PROCEEDINGS OF SAID LEGISLATURE FOR THE YEAR 2016 COUNTY OF ERIE, PETITIONER-RESPONDENT, v. GERALD S. MAZUR, RESPONDENT-APPELLANT, AND JAMES RHODES, RESPONDENT-RESPONDENT.
AS SHOWN BY RESOLUTION NO. 31 AT PAGE 279-307 OF THE MINUTES PRESENT:
Appellant having moved for an extension of time to perfect 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,
Now, upon reading and filing the affirmation of Richard G. Berger, Esq., dated August 14, 2017, the notice of motion with proof of service thereof, the affidavit of James P. Blenk, Esq., sworn to August 22, 2017, and the affirmation of Michael D. Hollenbeck, Esq., dated August 22, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: August 28, 2017
Frances E. Cafarell, Clerk