IN THE MATTER OF THOMAS H. ROWE, PATRICIA H. ROWE, PAT PECKINPAUGH MCDONALD, DAVID PECKINPAUGH, JANET PECKINPAUGH, JAY
Motion No: CA 10-02314
Slip Opinion No: 2010 NY Slip Op 91869(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.


December 28, 2010

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

DOCKET NO. CA 10-02314

IN THE MATTER OF THOMAS H. ROWE, PATRICIA H. ROWE,

PAT PECKINPAUGH MCDONALD, DAVID PECKINPAUGH, JANET

PECKINPAUGH, JAY SUMMERVILLE, DEBRA A. DINNOCENZO AND

RICHARD B. SWEGAN, PETITIONERS-APPELLANTS,

V

TOWN OF CHAUTAUQUA, JEFFREY M. PADDOCK, IN HIS OFFICIAL

CAPACITY AS CODE ENFORCEMENT OFFICER OF TOWN OF CHAUTAUQUA,

CHAUTAUQUA INSTITUTION ARCHITECTURAL REVIEW BOARD,

CHAUTAUQUA INSTITUTION, CHARLES HEINZ, IN HIS OFFICIAL

CAPACITY AS HEAD OF ADMINISTRATIVE AND COMMUNITY SERVICES,

ROBERT BOWERS AND PAMELA BOWERS, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 9, 2010,

Now, upon reading and filing the affidavit of Samuel P. Price, Jr., Esq. sworn to December 17, 2010, and 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 on the condition that the brief is filed and served on or before January 27, 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 February 14, 2011.

Entered: December 28, 2010

Patricia L. Morgan, Clerk