| IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID COMPANY OF ONONDAGA V NEW YORK STATE DEPARTMENT OF |
| Motion No: CA 08-01855 |
| Slip Opinion No: 2008 NYSlipOp 92416(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 08-01855
| IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID COMPANY
OF ONONDAGA, PETITIONERS-RESPONDENTS, V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ALEXANDER B.
GRANNIS, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
RESPONDENTS-APPELLANTS. |
Respondents having moved for an extension of time to file and serve a brief on the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 10, 2008,
Now, upon reading and filing the affidavit of Patricia S. Naughton sworn to December 5, 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 28, 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 February 13, 2009.
Entered: December 16, 2008
JoAnn M. Wahl, Clerk