| IN THE MATTER OF JAMES I. JOHNSON V TOWN OF AMHERST, TOWN OF AMHERST TOWN BOARD, SATISH B. MOHAN, MARK A. MANNA, DANIEL |
| Motion No: TP 09-02518 |
| Slip Opinion No: 2010 NY Slip Op 62065(U) |
| Decided on January 25, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. TP 09-02518
| IN THE MATTER OF JAMES I. JOHNSON, PETITIONER, V TOWN OF
AMHERST, TOWN OF AMHERST TOWN BOARD, SATISH B. MOHAN, MARK A. MANNA, DANIEL J. WARD, SHELLY SCHRATZ, GUY R. MARLETTE AND BARRY A.
WEINTSEIN, RESPONDENTS. |
Petitioner having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2009,
Now, upon reading and filing the affirmation of Barry J. Donohue sworn to January 14, 2010, the notice of motion with proof of service thereof, the responding affidavit of Patrick M. Kelly sworn to January 19, 2010, 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 February 24, 2010, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before March 26, 2010, and the proceeding is hereby removed from the calendar for the term of this Court commencing April 5, 2010 and added to the calendar for the term of this Court commencing May 17, 2010.
Entered: January 25, 2010
Patricia L. Morgan, Clerk