| IN THE MATTER OF DDRC ORCHARD PARK, LLC V ASSESSOR OF TOWN OF ORCHARD PARK AND TOWN OF ORCHARD PARK ORCHARD PARK |
| Motion No: CA 08-02314 |
| Slip Opinion No: 2008 NYSlipOp 92415(U) |
| Decided on December 16, 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 08-02314
| IN THE MATTER OF DDRC ORCHARD PARK, LLC, PETITIONER-APPELLANT,
V ASSESSOR OF TOWN OF ORCHARD PARK AND TOWN OF ORCHARD PARK, RESPONDENTS-RESPONDENTS, ORCHARD PARK CENTRAL SCHOOL
DISTRICT, INTERVENOR-RESPONDENT. |
Respondents-respondents 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 Erie on December 21, 2007,
Now, upon reading and filing the affidavit of Joel R. Kurtzhalts sworn to December 3, 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 14, 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 29, 2009.
Entered: December 16, 2008
JoAnn M. Wahl, Clerk