Dale v. Cnty. of Chautauqua (In re Foreclosure of Tax Liens by Proceeding)

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: Jul 25, 2016

2016 N.Y. Slip Op. 80822 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01237

07-25-2016

IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVN OF THE REAL PROPERTY TAX LAW BY CHAUTAUQUA COUNTY. DAVID DALE, PETITIONER-APPELLANT, v. COUNTY OF CHAUTAUQUA, RESPONDENT-RESPONDENT.

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

PRESENT:

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Chautauqua County Court entered in the Office of the Clerk of the County of Chautauqua on July 24, 2014,

Now, upon reading and filing the affidavit of David Dale sworn to June 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Kurt D. Gustafson, Esq., sworn to July 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.13 [g]).

Entered: July 25, 2016

Frances E. Cafarell, Clerk