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

DOCKET NOS. 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.)

Petitioner having moved for an extension of time to perfect 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 and the CPLR article 78 proceeding transferred to this Court by an order of the same Court entered May 6, 2009,

Now, upon reading and filing the affirmation of Michael A. Burger dated August 13, 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 July 16, 2009 is hereby amended by deleting the date August 14, 2009 and inserting in its place the date October 30, 2009, the proceeding is hereby removed from the calendar of the term of this Court commencing November 30, 2009 and added to the calendar for the term of this Court commencing January 19, 2010, and the time for respondents to file and serve their brief is hereby extended to November 30, 2009.

Entered: August 25, 2009

Patricia L. Morgan, Clerk