IN THE MATTER OF NEW YORK MILLS REDEVELOPMENT COMPANY, LLC, AND LIBERTY AFFORDABLE HOUSING, INC. V TOWN OF WHITESTOWN
Motion No: CA 11-00277
Slip Opinion No: 2011 NY Slip Op 74360(U)
Decided on May 26, 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.


May 26, 2011

PRESENT: SCUDDER, P. J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 11-00277

IN THE MATTER OF NEW YORK MILLS REDEVELOPMENT COMPANY, LLC,

AND LIBERTY AFFORDABLE HOUSING, INC.,

PETITIONERS-APPELLANTS,

V

TOWN OF WHITESTOWN, ITS ASSESSOR, DIANN GERLING, AND NEW

YORK MILLS UNION FREE SCHOOL DISTRICT,

RESPONDENTS-RESPONDENTS.


Petitioners having moved for an order permitting them to file a corrected record 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 Oneida on May 26, 2009,

Now, upon reading and filing the affidavit of Jordan R. Pavlus, Esq. sworn to April 20, 2011, 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 corrected record is filed and served, in accordance with this Court's rules, on or before June 3, 2011 (see 22 NYCRR 1000.3 [b]), and the Clerk is directed to accept the corrected record for filing, and

It is further ORDERED that respondents' brief shall now be filed and served on or before July 8, 2011, and the Clerk is directed to accept the brief for filing.

Entered: May 26, 2011

Patricia L. Morgan, Clerk