| MATTER OF ROBERT OAKS, GAIL GITTENS AND DONALD ROULAND V TOWN OF PHELPS, TOWN OF PHELPS ZONING BOARD OF APPEALS, GARY |
| Motion No: CA 08-00013 |
| Slip Opinion No: 2008 NYSlipOp 64994(U) |
| Decided on February 26, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00013
| MATTER OF ROBERT OAKS, GAIL GITTENS AND DONALD ROULAND,
PETITIONERS-APPELLANTS, V TOWN OF PHELPS, TOWN OF PHELPS ZONING BOARD OF APPEALS, GARY J. PALONE AND SCOTT FREMOUW,
RESPONDENTS-RESPONDENTS. |
Respondents Town of Phelps and Town of Phelps Zoning Board of Appeals having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on June 11, 2007,
Now, upon reading and filing the affidavit of Michael J. Roulan sworn to
February 15, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael G. Bersani sworn to February 21, 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 March 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 March 21, 2008.
Entered: February 26, 2008
JoAnn M. Wahl, Clerk