| IN THE MATTER OF ONE NIAGARA LLC V CITY OF NIAGARA FALLS, NIAGARA FALLS OFFICE OF PLANNING AND ENVIRONMENTAL SERVICES |
| Motion No: CA 10-01283 |
| Slip Opinion No: 2010 NY Slip Op 80634(U) |
| Decided on August 19, 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: SMITH, J. P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.
DOCKET NO. CA 10-01283
| IN THE MATTER OF ONE NIAGARA LLC, PETITIONER-RESPONDENT, V
CITY OF NIAGARA FALLS, NIAGARA FALLS OFFICE OF PLANNING AND ENVIRONMENTAL SERVICES AND NIAGARA FALLS INSPECTIONS
DEPARTMENT, RESPONDENTS-APPELLANTS. |
Petitioner-respondent having moved for an extension of time to file and serve a respondent's brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 10, 2010, and for an adjournment of the oral argument scheduled for October 20, 2010,
Now, upon reading and filing the affidavit of James C. Roscetti, Esq. sworn to July 12, 2010, the notice of motion with proof of service thereof, the affirmation of Daniel C. Oliverio, Esq. dated July 16, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the respondent's brief is filed and served on or before September 3, 2010, and the Clerk is directed to accept the respondent's brief for filing, and
It is further ORDERED that motion insofar as it seeks to adjourn oral argument is denied.
Entered: August 19, 2010
Patricia L. Morgan, Clerk