| MATTER OF TOWN OF SARDINA AND TOWN BOARD OF TOWN OF SARDINA V ZONING BOARD OF APPEALS OF TOWN OF SARDINA AND GERNATT |
| Motion No: CA 09-02004 |
| Slip Opinion No: 2009 NY Slip Op 87826(U) |
| Decided on November 2, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02004
| MATTER OF TOWN OF SARDINA AND TOWN BOARD OF TOWN OF SARDINA,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF TOWN OF SARDINA AND GERNATT ASPHALT PRODUCTS, INC.,
RESPONDENTS-RESPONDENTS. |
Respondent Gernatt Asphalt Products, Inc. having moved for an extension of time to file and serve a brief on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 11, 2008,
Now, upon reading and filing the affidavit of Peter J. Sorgi sworn to October 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of David J. Seeger dated October 30, 2009, the opposing affidavit of Richard E. Stanton sworn to October 30, 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 December 9, 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 December 24, 2009.
Entered: November 2, 2009
Patricia L. Morgan, Clerk