PETER S. DUCHMANN AND DUKE DISTRIBUTING COMPANY, INC., DOING BUSINESS AS ADVANCED AUTO ELECTRONICS V TOWN OF HAMBURG
Motion No: CA 11-00778
Slip Opinion No: 2011 NY Slip Op 78708(U)
Decided on July 15, 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.


July 15, 2011

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

DOCKET NO. CA 11-00778

PETER S. DUCHMANN AND DUKE DISTRIBUTING COMPANY, INC.,

DOING BUSINESS AS ADVANCED AUTO ELECTRONICS,

PETITIONERS-APPELLANTS,

V

TOWN OF HAMBURG, TOWN OF HAMBURG TOWN BOARD,

TOWN OF HAMBURG BOARD OF ZONING APPEALS,

KURT ALLEN, ENFORCEMENT OFFICER BUILDINGS INSPECTIONS AND

CODE ENFORCEMENT, RESPONDENTS,

LAMAR ADVERTISING OF PENN, LLC,

TLC PROPERTIES, INC., LAMAR COMPANY, LLC,

AND LAMAR TEXAS LIMITED PARTNERSHIP,

RESPONDENTS-RESPONDENTS.


Appellants having moved for an extension of time for respondents 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 Erie on December 30, 2010,

Now, upon reading and filing the affirmation of Angela M. Demerle, Esq., dated June 27, 2011, the notice of motion with proof of service thereof, and the affidavit of Howard S. Rosenhoch, Esq., sworn to July 1, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is denied.

Entered: July 15, 2011

Patricia L. Morgan, Clerk