STATE UNIVERSITY OF NEW YORK, V TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE

STATE UNIVERSITY OF NEW YORK, V TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE

Motion No: NOS. CA 10-01004, CA 10-01407, AND CA 10-01408

Slip Opinion No: 2010 NY Slip Op 83084(U)

Decided on September 20, 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 20, 2010

PRESENT: MARTOCHE, J. P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

DOCKET NOS. CA 10-01004, CA 10-01407, AND CA 10-01408

STATE UNIVERSITY OF NEW YORK,
PLAINTIFF-PETITIONER-APPELLANT,
V
TOWN OF AMHERST, SATISH MOHAN, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THE SUPERVISOR OF THE TOWN OF
AMHERST, TOWN BOARD OF THE TOWN OF AMHERST,
ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST,
GMH COMMUNITIES, LP, COLLEGE PARK INVESTMENTS, LLC,
DAVID LADE, NANCY LADE, WILLIAM S. SCHLEGEL,
JOSE OLIVERA, MICHELE OLIVERA, LESTER C. BUSDIEKER,
MATTHEW AND PAMELA MAROTTA, MARK R. KELLAM,
PAUL CUMMINS, PAMELA CUMMINS, EUGENE TENNEY,
ETTORE INFANTI, MARTIN KEITZ, KIMBERLY MAST,
JEFFREY BROOKS, BARBARA BROOKS, DANIEL P. HULL,
THOMAS KETCHUM, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE
TOWN OF AMHERST BUILDING DEPARTMENT,
DEFENDANTS-RESPONDENTS-RESPONDENTS.

Respondents GMH Communities, LP and College Park Investments having moved for an extension of time file and serve their brief in the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 12, 2010, and June 9, 2010,

Now, upon reading and filing the affirmation of Sean W. Hopkins, Esq. dated August 27, 2010, the notice of motion with proof of service thereof, the affirmation of Benjamin M. Zuffranieri, Jr., Esq. dated September 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before September 30, 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 October 15, 2010.

Entered: September 20, 2010

Patricia L. Morgan, Clerk