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 68390(U)
Decided on April 1, 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.


April 1, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, 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 to supplement the record 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 affidavit of H. Todd Bullard sworn to March 11, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Elizabeth A. Wolford sworn to March 19, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: April 1, 2009

JoAnn M. Wahl, Clerk