JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE PROPERTY OWNERS ASSOCIATION, 741 LIVINGSTON AVENUE, LLC, STAMPEDE
Motion No: CA 09-02157
Slip Opinion No: 2009 NY Slip Op 90817(U)
Decided on December 9, 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.


December 9, 2009

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

DOCKET NO. CA 09-02157

JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE

PROPERTY OWNERS ASSOCIATION,

741 LIVINGSTON AVENUE, LLC, STAMPEDE VI, LLC,

HAMR, INC., 867 SUMNER AVE, LLC, JAKE AND BUCK, LLC,

OCOMSTOCK, LLC, DAVID EADE AND BENJAMIN TUPPER,

PLAINTIFFS-RESPONDENTS,

V

CITY OF SYRACUSE, COMMON COUNCIL OF CITY OF SYRACUSE AND

PLANNING COMMISSION OF CITY OF SYRACUSE,

DEFENDANTS-APPELLANTS.


Appellants having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 21, 2009,

Now, upon reading and filing the affirmation of Joseph Francis Bergh dated November 24, 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 reply brief is filed and served on or before December 18, 2009, and the Clerk is directed to accept the reply brief for filing.

Entered: December 9, 2009

Patricia L. Morgan, Clerk