IN THE MATTER OF WENDY'S RESTAURANTS, LLC, RICHARD C. FOX AND JOANNE D. FOX V ASSESSOR, TOWN OF HENRIETTA AND BOARD OF
Motion No: CA 09-02329
Slip Opinion No: 2010 NY Slip Op 62099(U)
Decided on January 27, 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.


January 27, 2010

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 09-02329

IN THE MATTER OF WENDY'S RESTAURANTS, LLC, RICHARD C. FOX

AND JOANNE D. FOX, PETITIONERS-APPELLANTS,

V

ASSESSOR, TOWN OF HENRIETTA AND BOARD OF ASSESSMENT REVIEW

FOR TOWN OF HENRIETTA, RESPONDENTS-RESPONDENTS.


Respondents having moved to adjourn oral argument on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 27, 2009,

Now, upon reading and filing the affirmation of Arnold J. Goldman dated December 1, 2009, the notice of motion with proof of service thereof, the statement of Peter Allen Weinmann dated December 4, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the scheduling order entered herein is amended to provide that the appeal be placed on the calendar for the term of Court commencing May 17, 2010.

Entered: January 27, 2010

Patricia L. Morgan, Clerk