| IN THE MATTER OF CRAIG J. EMMERLING V TOWN OF RICHMOND |
| Motion No: TP 11-00294 |
| Slip Opinion No: 2011 NY Slip Op 71887(U) |
| Decided on May 4, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-00294
| IN THE MATTER OF CRAIG J. EMMERLING, PETITIONER, V TOWN OF
RICHMOND, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on August 10, 2010,
Now, upon reading and filing the affidavit of Christina A. Agola, Esq. sworn to March 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Michael A. Jones, Esq. dated April 22, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner files and serves the brief on or before June 3, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before July 8, 2011, and the Clerk shall accept the brief for filing, and
It is further ORDERED that the proceeding is removed from the Court's day calendar for May 20, 2011, and added to the calendar for the term of this Court commencing September 6, 2011.
Entered: May 4, 2011
Patricia L. Morgan, Clerk