CONCERNED CITIZENS OF CATTARAUGUS COUNTY, INC. AND HAROLD MICHAELS V CITY OF OLEAN, LADORNA FOX, THOMAS BARNES, TOWN OF
Motion No: CA 07-02597
Slip Opinion No: 2007 NYSlipOp 87753(U)
Decided on December 31, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 31, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-02597

CONCERNED CITIZENS OF CATTARAUGUS COUNTY, INC. AND

HAROLD MICHAELS, PLAINTIFFS-APPELLANTS,

V

CITY OF OLEAN, LADORNA FOX, THOMAS BARNES, TOWN OF ALLEGANY,

JOHN HARE, GIARDINI BROS. CONSTRUCTION CO., AND WILLIAM R.

GIARDINI, DEFENDANTS-RESPONDENTS.


Defendants-respondents Giardini Brothers Construction Company and William R. Giardini having moved for an extension of time to file and serve a brief on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on May 23, 2007,

Now, upon reading and filing the affirmation of Janine Fodor dated December 20, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before February 6, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 21, 2008.

Entered: December 31, 2007

JoAnn M. Wahl, Clerk