PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. TP 09-00945 AND CA 09-01337

IN THE MATTER OF ANDREW OPHARDT, PETITIONER, V JULIO VASQUEZ, COMMISSIONER, COMMUNITY DEVELOPMENT OF CITY OF ROCHESTER, AND CITY OF ROCHESTER, RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF ANDREW OPHARDT, PETITIONER-APPELLANT, V JULIO VASQUEZ, IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF COMMUNITY DEVELOPMENT OF THE CITY OF ROCHESTER, NEW YORK, AND THE CITY OF ROCHESTER, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 19, 2009 with the CPLR article 78 proceeding transferred to this Court by order of the same court entered May 6, 2009,

Now, upon reading and filing the affirmation of Michael A. Burger dated June 22, 2009, the notice of motion with proof of service thereof, the opposing affirmation of John M. Campolieto dated June 26, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on the condition that the appeal from the order and judgment entered February 19, 2009 is perfected on or before August 14, 2009, the transferred CPLR article 78 proceeding is hereby removed from the calendar for the term of this Court commencing October 19, 2009 and added to the calendar for the term of this Court commencing November 30, 2009, and the time for respondents to file and serve their brief is hereby extended to September 14, 2009.

Entered: July 16, 2009

Patricia L. Morgan, Clerk