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 83063(U)

Decided on September 17, 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.

September 17, 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.

Appellants Byron Brown, as Mayor of City of Buffalo, and City of Buffalo having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 28, 2009,

Now, upon reading and filing the affidavit of Timothy A. Ball, Esq. sworn to August 24, 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 appellants shall perfect the appeal on or before September 24, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 17, 2010

Patricia L. Morgan, Clerk