MARLINO GRESS, MAURICE HOWIE, TIMOTHY M. JOHNSON AND ABRAHAM MCKINNEY V BYRON BROWN, AS MAYOR OF CITY OF BUFFALO, CITY
Motion No: CA 10-01673
Slip Opinion No: 2010 NY Slip Op 87674(U)
Decided on November 5, 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.


November 5, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-01673

MARLINO GRESS, MAURICE HOWIE,

TIMOTHY M. JOHNSON AND ABRAHAM MCKINNEY,

PLAINTIFFS-RESPONDENTS,

V

BYRON BROWN, AS MAYOR OF CITY OF BUFFALO, CITY OF BUFFALO

AND BUFFALO FISCAL STABILITY AUTHORITY,

DEFENDANTS-APPELLANTS.


Appellants having moved and cross-moved for an extension of time to file and serve a reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 28, 2009, and other relief,

Now, upon reading and filing the affidavit of Timothy A. Ball, Esq. sworn to October 22, 2010, the affidavit of A. Vincent Buzard, Esq. sworn to October 25, 2010, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted on the condition that the reply briefs are filed and served on or before November 10, 2010, and the Clerk is directed to accept the reply briefs for filing.

Entered: November 5, 2010

Patricia L. Morgan, Clerk