SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

DOCKET NO. CA 06-02877

MATTER OF JAMES HALL, PETITIONER-APPELLANT

V.

JACK ZIGENFUS, JEFFREY WISE, JOSEPH DYCKMAN, MILTON LEVESQUE AND WAYNE HUNT CONSTITUTING TOWN BOARD OF TOWN OF COHOCTON, RESPONDENTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on August 1, 2006, on the ground that the appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Patrick F. McAllister sworn to September 6, 2007, the notice of motion with proof of service thereof,

It is hearby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without costs.

Entered: September 18, 2007 JoAnn M. Wahl, Clerk