| MATTER OF TOWN OF SARDINIA AND TOWN BOARD OF TOWN OF SARDINIA V ZONING BOARD OF APPEALS OF TOWN OF SARDINIA AND GERNATT |
| Motion No: CA 09-02004 |
| Slip Opinion No: 2009 NY Slip Op 89073(U) |
| Decided on November 16, 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 SARDINIA AND TOWN BOARD OF TOWN OF SARDINIA,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF TOWN OF SARDINIA AND GERNATT ASPHALT PRODUCTS, INC.,
RESPONDENTS-RESPONDENTS. |
Respondent Zoning Board of Appeals Town of Sardinia 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 Richard E. Stanton sworn to November 5, 2009, the notice of motion with proof of service thereof, the affirmation of David J. Seeger dated November 6, 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 16, 2009
Patricia L. Morgan, Clerk