| FAIRWAY HILLS DEVELOPMENT, LLC V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION |
| Motion No: CA 08-02041 |
| Slip Opinion No: 2009 NY Slip Op 72895(U) |
| Decided on May 13, 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: HURLBUTT, J.P., MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02041
| FAIRWAY HILLS DEVELOPMENT, LLC, PLAINTIFF-APPELLANT, V NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DEFENDANT-RESPONDENT. |
Appellant and respondent having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 24, 2007, and for an extension of time to file and serve respondent's brief,
Now, upon reading and filing the affidavit of Angela M. Demerle sworn to April 24, 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 January 5, 2009 is hereby amended by deleting the date April 30, 2009 and inserting in its place the date August 31, 2009.
Memorandum: No further extensions to perfect the appeal will be granted.
Entered: May 13, 2009
Patricia L. Morgan, Clerk