PRESENT: SCUDDER, P. J., CENTRA, FAHEY, AND PINE, 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.)

Respondents 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 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 affidavit of John M. Campolieto sworn to November 19, 2009, the notice of motion with proof of service thereof, the affirmation of Michael A. Burger dated November 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on the condition that the brief is filed and served on or before February 1, 2010 and the Clerk is directed to accept the brief for filing, and

DOCKET NOS. TP 09-000945 AND CA 09-01337

DECEMBER 12, 2009

PAGE 2

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 16, 2010, and the appeal and proceeding are hereby removed from the January 25, 2010 day calendar of this Court and added to the calendar for the term of this Court commencing April 5, 2010.

Entered: December 7, 2009

Patricia L. Morgan, Clerk