MATTER OF ANTHONY R. CANNA V TOWN OF AMHERST, TOWN BOARD OF TOWN OF AMHERST, SATISH MOHAN, TOWN SUPERVISOR AND SUSAN K.
Motion No: TP 07-02599
Slip Opinion No: 2008 NYSlipOp 64939(U)
Decided on February 20, 2008
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.


February 20, 2008

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

DOCKET NO. TP 07-02599

MATTER OF ANTHONY R. CANNA, PETITIONER,

V

TOWN OF AMHERST, TOWN BOARD OF TOWN OF AMHERST,

SATISH MOHAN, TOWN SUPERVISOR AND SUSAN K. JAROS, TOWN

CLERK, RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 30, 2007, and for other relief,

Now, upon reading and filing the affidavit of William E. Grande sworn to

January 14, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Paul D. Weiss sworn to January 25, 2008, 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 29, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs shall be filed and served on or before April 18, 2008, and

It is further ORDERED that petitioner and respondents each shall be permitted 10 minutes of oral argument upon request.

Entered: February 20, 2008

JoAnn M. Wahl, Clerk