IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS OF SARDINIA V TOWN OF SARDINIA, - .
Motion No: CA 08-02551
Slip Opinion No: 2009 NY Slip Op 72431(U)
Decided on May 12, 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.


May 12, 2009

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

DOCKET NO. CA 08-02551

IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF

CONCERNED CITIZENS OF SARDINIA, PETITIONER-RESPONDENT,

V

TOWN OF SARDINIA, RESPONDENT-APPELLANT,

ET AL., RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2008,

Now, upon reading and filing the affidavit of Anthony DiFilippo, III sworn to April 2, 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 to the extent that the ordering paragraph of the order of this Court entered February 18, 2009 is hereby amended by deleting the date April 15, 2009 and inserting in its place the date May 29, 2009.

Memorandum: No further extensions will be granted.

Entered: May 12, 2009

Patricia L. Morgan, Clerk