| IN THE MATTER OF LODGE HOTEL, INC., V TOWN OF ERWIN PLANNING BOARD, . |
| Motion No: CA 08-01815 |
| Slip Opinion No: 2009 NYSlipOp 61556(U) |
| Decided on January 21, 2009 |
| 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 08-01815
| IN THE MATTER OF LODGE HOTEL, INC.,
PETITIONER-RESPONDENT-APPELLANT, V TOWN OF ERWIN PLANNING BOARD,
RESPONDENT-APPELLANT-RESPONDENT. |
Appellant-respondent having moved for an extension of time to file and serve a reply brief on the appeal and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on July 23, 2008,
Now, upon reading and filing the affidavit of Pamela Doyle Gee sworn to January 12, 2009, 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 reply brief is filed and served on or before February 2, 2009, and the Clerk is directed to accept the reply brief for filing, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before February 17, 2009.
Entered: January 21, 2009
JoAnn M. Wahl, Clerk