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 81518(U)
Decided on August 19, 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.


August 19, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, GREEN, PINE, AND GORSKI, 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.


Respondent having moved for an extension of time to file and serve a brief on 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 J. Michael Lennon sworn to August 3, 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 on condition that the brief is filed and served on or before September 4, 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 September 19, 2009.

Memorandum: No further extensions for respondent's brief will be granted.

Entered: August 19, 2009

Patricia L. Morgan, Clerk