| IN THE MATTER OF WILLIAM J. THYGESEN V NORTH BAILEY VOLUNTEER FIRE COMPANY, INC. AND WARREN HOMES, PRESIDENT, NORTH |
| Motion No: TP 11-00775 |
| Slip Opinion No: 2011 NY Slip Op 79298(U) |
| Decided on July 25, 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 11-00775
| IN THE MATTER OF WILLIAM J. THYGESEN, PETITIONER, V NORTH
BAILEY VOLUNTEER FIRE COMPANY, INC. AND WARREN HOMES, PRESIDENT, NORTH BAILEY VOLUNTEER FIRE COMPANY, INC.,
RESPONDENTS. |
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 Erie on January 10, 2011,
Now, upon reading and filing the affirmation of Steven Bachmann Dietz, Esq., dated June 27, 2011, the notice of motion with proof of service thereof, and the affidavit of Elizabeth A. Cordello, Esq., sworn to July 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of this proceeding (see 22 NYCRR 1000.13 [g]).
Entered: July 25, 2011
Patricia L. Morgan, Clerk