| IN THE MATTER OF MERCO, INC. V NIAGARA FALLS WATER BOARD |
| Motion No: CA 09-02472 |
| Slip Opinion No: 2009 NY Slip Op 90762(U) |
| Decided on December 7, 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, CENTRA, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02472
| IN THE MATTER OF MERCO, INC., PETITIONER-APPELLANT, V NIAGARA
FALLS WATER BOARD, RESPONDENT-RESPONDENT. YARUSSI CONSTRUCTION, INC., RESPONDENT. |
Appellant having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 30, 2009,
Now, upon reading and filing the affirmation of Peter M. Kutil dated December 2, 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, the appeal is added to the calendar for the term of this Court commencing January 19, 2010, appellant shall perfect the appeal on or before December 21, 2009, respondents' briefs shall be filed and served on or before January 4, 2010, and reply briefs, if any, shall be filed and served on or before January 11, 2010.
Entered: December 7, 2009
Patricia L. Morgan, Clerk