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

DOCKET NO. CA 10-00262

IN THE MATTER OF THE APPLICATION OF NIAGARA COUNTY, ON BEHALF OF ITS RESIDENTS, JOHN CERETTO, RICHARD E. UPDEGROVE AND PAUL B. WOJTASZEK, PETITIONER-RESPONDENT, V POWER AUTHORITY OF STATE OF NEW YORK, STATE OF NEW YORK, MICHAEL J. TOWNSEND, AS TRUSTEE OF POWER AUTHORITY OF STATE OF NEW YORK, JAMES A. BESHA, SR., AS TRUSTEE OF POWER AUTHORITY OF STATE OF NEW YORK, D. PATRICK CURLEY, AS TRUSTEE OF POWER AUTHORITY OF STATE OF NEW YORK, ELISE M. CUSACK, AS TRUSTEE OF POWER AUTHORITY OF STATE OF NEW YORK, JONATHAN D. FOSTER, AS TRUSTEE OF POWER AUTHORITY OFSTATE OF NEW YORK, EUGENE L. NICANDRI, AS TRUSTEE OF POWER AUTHORITY OF STATE OF NEW YORK, RESPONDENTS-APPELLANTS.

Petitioner-Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 28, 2009,

Now, upon reading and filing the affirmation of Charles E. Graney, Esq. dated September 14, 2010, the notice of motion with proof of service thereof, the statement of Harold A. Kurland, Esq. dated September 20, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the brief shall be filed and served on or before November 1, 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 November 16, 2010.

Entered: September 30, 2010

Patricia L. Morgan, Clerk