| JAMES CONTI AND DEBORAH CONTI V CITY OF NIAGARA FALLS WATER BOARD |
| Motion No: CA 10-02238 |
| Slip Opinion No: 2010 NY Slip Op 91866(U) |
| Decided on December 28, 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-02238
| JAMES CONTI AND DEBORAH CONTI, PLAINTIFFS-APPELLANTS, V CITY
OF NIAGARA FALLS WATER BOARD, DEFENDANT-RESPONDENT. |
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 February 26, 2010,
Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo, Esq. received December 14, 2010, the notice of motion with proof of service thereof, and the statement of Leonard G. Tilney, Jr., Esq. dated December 16, 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 January 13, 2011, 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 January 28, 2011.
Entered: December 28, 2010
Patricia L. Morgan, Clerk