| IN THE MATTER OF H.H. WARNER, LLC V ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY |
| Motion No: OP 11-01202 |
| Slip Opinion No: 2011 NY Slip Op 79265(U) |
| Decided on July 22, 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: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. OP 11-01202
| IN THE MATTER OF H.H. WARNER, LLC, PETITIONER, V ROCHESTER
GENESEE REGIONAL TRANSPORTATION AUTHORITY, RESPONDENT. |
Respondent having moved to expedite this original proceeding commenced in this Court on June 13, 2011, pursuant to Eminent Domain Procedure Law § 207,
Now, upon reading and filing the affidavit of Kathleen M. Bennett, Esq., sworn to June 24, 2011, the notice of motion with proof of service thereof, and the affirmation of James S. Grossman, Esq., dated July 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that respondent's brief is filed and served on or before August 18, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that if respondent's brief is filed and served on or before August 18, 2011, this proceeding shall be removed from the Court's calendar for the term commencing November 28, 2011, and added the term of this Court commencing September 6, 2011, and petitioner's reply brief, if any, shall be filed and served on or before September 2, 2011.
Entered: July 22, 2011
Patricia L. Morgan, Clerk