PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND CARNI, JJ.

DOCKET NO. CA 09-00953

IN THE MATTER OF PASTOR KEITH H. SCOTT, SR., PETITIONER, DORA RICHARDSON, JOSEPHINE RUSH, JOHN MCKENDRY, SHELLEY MCKENDRY, PETITIONERS-APPELLANTS, V CITY OF BUFFALO, COMMON COUNSEL OF CITY OF BUFFALO, BYRON BROWN, IN HIS OFFICIAL CAPACITY AS MAYOR OF CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTION, BUFFALO SEWER AUTHORITY AND BUFFALO MUNICIPAL WATER FINANCE AUTHORITY, RESPONDENTS-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 Erie on July 7, 2008, and appellants having cross-moved to notate the record regarding the death of petitioner Pastor Keith H. Scott, Sr.,

Now, upon reading and filing the affidavit of Kevin M. Hogan sworn to May 14, 2009, the notice of motion with proof of service thereof, the affidavit of Robert E. Knoer sworn to May 21, 2009, the notice of cross motion with proof of service thereof, the supplemental affidavit of Kevin M. Hogan sworn to June 2, 2009, 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 July 10, 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 July 27, 2009, and

It is further ORDERED that the cross motion be, and the same hereby is, granted.

Entered: June 16, 2009

Patricia L. Morgan, Clerk