Opinion
Motion No: CA 11-01724
09-19-2011
OSWEGO CITY SCHOOL DISTRICT, PETITIONER-PLAINTIFF-APPELLANT, v. COUNTY OF OSWEGO, TOWN OF SCRIBA, JOSEPH P. REITZ, CHAIRMAN, LINDA COE, AND KERRY L. BARNES, IN THEIR CAPACITY AS THE ASSESSOR OF THE TOWN OF SCRIBA, JAMES PARKHURST, CHAIRMAN, JAMES WELLINGTON, AND JOHN HOLBROOK, IN THEIR CAPACITY AS THE TOWN OF SCRIBA BOARD OF ASSESSMENT REVIEW, CONSTELLATION ENERGY GROUP, INC., CONSTELLATION NUCLEAR, LLC, CONSTELLATION ENERGY NUCLEAR GROUP, LLC, AND NINE MILE POINT NUCLEAR STATION, LLC, RESPONDENTS-DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents County of Oswego and Nine Mile Point Nuclear Station, LLC, having separately moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 21, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Richard C. Mitchell, Esq., sworn to August 22, 2011, and August 25, 2011, the affirmation of Laurie Styka Bloom, Esq., dated September 1, 2011, the notice of motion with proof of service thereof, and the affidavit of Paul T. Sheppard, Esq., sworn to September 8, 2011, 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 October 24, 2011.
Patricia L. Morgan, Clerk