IN THE MATTER OF TOWN OF GENEVA, BY AND ON BEHALF OF TOWN BOARD, TOWN OF GENEVA, AND ON BEHALF OF TOWN OF GENEVA SEWER
Motion No: CA 08-02501
Slip Opinion No: 2009 NYSlipOp 62254(U)
Decided on January 27, 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.


January 27, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02501

IN THE MATTER OF TOWN OF GENEVA, BY AND ON BEHALF OF TOWN

BOARD, TOWN OF GENEVA, AND ON BEHALF OF TOWN OF GENEVA

SEWER DISTRICT, NO.1, PETITIONER/PLAINTIFF-APPELLANT,

V

CITY OF GENEVA, STUART EINSTEIN, MAYOR, CITY OF GENEVA, AND

TARA J. CLARK, CITY OF GENEVA COMPTROLLER,

RESPONDENTS/DEFENDANTS-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 Ontario on August 8, 2008,

Now, upon reading and filing the affirmation of A. Vincent Buzard dated December 31, 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 February 11, 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 26, 2009.

Entered: January 27, 2009

JoAnn M. Wahl, Clerk