IN THE MATTER OF DEBORAH MELLON, BRIAN SYKES, MARY SYKES, MICHAEL WOODWARD, AND SUSAN WOODWARD V CITY OF NIAGARA FALLS
Motion No: CA 10-01235
Slip Opinion No: 2010 NY Slip Op 77516(U)
Decided on July 16, 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.


July 16, 2010

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

DOCKET NO. CA 10-01235

IN THE MATTER OF DEBORAH MELLON, BRIAN SYKES, MARY SYKES,

MICHAEL WOODWARD, AND SUSAN WOODWARD,

PETITIONERS-APPELLANTS,

V

CITY OF NIAGARA FALLS, VINCE SPADORCIA, LINDA SEEFELDT,

ERNEST KITCHEN, ANTHONY SCRICCO, JOSEPH SCHIRO, ANTONIO

RESTAINO, ZACHARY CASALES, CONSTITUTING THE ZONING BOARD OF

APPEALS OF CITY OF NIAGARA FALLS, BASIL C. STAHLMAN, JR.,

AND BASIL C. STAHLMAN, III, RESPONDENTS-RESPONDENTS.


Respondent City of Niagara Falls 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 Niagara on March 19, 2010,

Now, upon reading and filing the affirmation of Thomas M. O'Donnell, Esq. dated June 30, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before August 6, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 23, 2010.

Entered: July 16, 2010

Patricia L. Morgan, Clerk