IN THE MATTER OF H.H. WARNER, LLC, AND MORTIMER STREET, LLC V ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY
Motion No: OP 09-01701
Slip Opinion No: 2009 NY Slip Op 85318(U)
Decided on October 5, 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.


October 5, 2009

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

DOCKET NO. OP 09-01701


IN THE MATTER OF H.H. WARNER, LLC, AND MORTIMER STREET,

LLC, PETITIONERS,

V

ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY,

RESPONDENT.


Petitioners having moved for an extension of time to file and serve a brief on the proceeding commenced in this Court pursuant to Eminent Domain Procedure Law § 207 on August 19, 2009,

Now, upon reading and filing the affirmation of M. Akram Faizer dated September 25, 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 December 1, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before January 4, 2010, and the proceeding is hereby removed from the calendar for the term of the is Court commencing January 19, 2010 and added to the calendar for the term of this Court commencing February 22, 2010.

Entered: October 5, 2009

Patricia L. Morgan, Clerk