| IN THE MATTER OF TIMOTHY SMERALDO V REXFORD H. RATER, INDIVIDUALLY AND AS CHIEF OF POLICE OF JAMESTOWN POLICE |
| Motion No: TP 08-00477 |
| Slip Opinion No: 2008 NYSlipOp 72241(U) |
| Decided on May 12, 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., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.
DOCKET NO. TP 08-00477
| IN THE MATTER OF TIMOTHY SMERALDO, PETITIONER, V REXFORD H.
RATER, INDIVIDUALLY AND AS CHIEF OF POLICE OF JAMESTOWN POLICE DEPARTMENT AND CITY OF JAMESTOWN,
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 Chautauqua on March 3, 2008,
Now, upon reading and filing the affidavit of James P. Subjack sworn to April 16, 2008, 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 June 20, 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 July 25, 2008.
Entered: May 12, 2008
JoAnn M. Wahl, Clerk