IN THE MATTER OF MARK C. POLONCARZ V CHRISTOPHER C. COLLINS, COUNTY EXECUTIVE OF ERIE COUNTY, ERIE COUNTY LEGISLATURE
Motion No: CA 11-00918
Slip Opinion No: 2011 NY Slip Op 77129(U)
Decided on June 24, 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.


June 24, 2011

PRESENT: CENTRA, FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 11-00918

IN THE MATTER OF MARK C. POLONCARZ, PETITIONER-APPELLANT,

V

CHRISTOPHER C. COLLINS, COUNTY EXECUTIVE OF ERIE COUNTY,

ERIE COUNTY LEGISLATURE, DANIEL M. KOZUB, TIMOTHY M.

KENNEDY, BARBARA MILLER-WILLIAMS, RAYMOND W. WALTER, DINO

J. FUDOLI, MARIA R. WHYTE, BETTY JEAN GRANT, THOMAS J.

MAZUR, CHRISTINA W. BOVE, KEVIN R. HARDWICK, LYNN M.

MARINELLI, LYNNE M. DIXON, JOHN J. MILLS, THOMAS A.

LOUGHRAN AND EDWARD J. RATH, III, AS DULY ELECTED

LEGISLATORS CONSTITUTING THE ERIE COUNTY LEGISLATURE,

GREGORY G. GACH AND COUNTY OF ERIE,

RESPONDENTS-RESPONDENTS.


Respondents Christopher C. Collins, Gregory G. Gach, and the County of Erie 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 Erie on November 24, 2010,

Now, upon reading and filing the affirmation of H. Todd Bullard, Esq. dated June 8, 2011, the notice of motion with proof of service thereof, and the affirmation of Jerome D. Schad, Esq. dated June 13, 2011, 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 July 22, 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 August 8, 2011.

Entered: June 24, 2011

Patricia L. Morgan, Clerk