MARLINO GRESS, MAURICE HOWIE, TIMOTHY M. JOHNSON, ABRAHAM MCKINNEY V BYRON BROWN, AS MAYOR OF CITY OF BUFFALO AND

MARLINO GRESS, MAURICE HOWIE, TIMOTHY M. JOHNSON, ABRAHAM MCKINNEY V BYRON BROWN, AS MAYOR OF CITY OF BUFFALO AND

Motion No: CA 10-01673

Slip Opinion No: 2010 NY Slip Op 80608(U)

Decided on August 18, 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.

August 18, 2010

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

DOCKET NO. CA 10-01673

MARLINO GRESS, MAURICE HOWIE,
TIMOTHY M. JOHNSON, ABRAHAM MCKINNEY,
PLAINTIFFS-RESPONDENTS,
V
BYRON BROWN, AS MAYOR OF CITY OF BUFFALO
AND BUFFALO FISCAL STABILITY AUTHORITY,
DEFENDANTS-APPELLANTS.

Appellant Buffalo Fiscal Stability Authority having moved for an extension of time to perfect the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 27, 2009,

Now, upon reading and filing the affidavit of A. Vincent Buzard, Esq. sworn to August 4, 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 and appellant Buffalo Fiscal Stability Authority shall perfect the appeal on or before September 10, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 18, 2010

Patricia L. Morgan, Clerk