IN THE MATTER OF O'CONNELL MACHINERY CO., INC. V INC., FOURTH OF AUGUST, LLC, PIERCE ARROW DEVELOPMENT, LLC, AND UNITED
Motion No: CA 08-01281
Slip Opinion No: 2008 NYSlipOp 91712(U)
Decided on December 10, 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.


December 10, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA AND LUNN, JJ.

DOCKET NO. CA 08-01281
CITY OF BUFFALO ZONING BOARD OF APPEALS, D-175 GREAT ARROW,

IN THE MATTER OF O'CONNELL MACHINERY CO., INC.,

PETITIONER-APPELLANT,

V

INC., FOURTH OF AUGUST, LLC, PIERCE ARROW DEVELOPMENT, LLC,

AND UNITED DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS.


Respondent City of Buffalo Zoning Board of Appeals having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2008,

Now, upon reading and filing the affidavit of Timothy A. Ball sworn to November 26, 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 January 5, 2009, 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 January 20, 2009.

Entered: December 10, 2008

JoAnn M. Wahl, Clerk