IN THE MATTER OF THE APPLICATION OF MICHAEL ZIOLKOWSKI AND THOMAS BENNETT V TOWN BOARD OF TOWN OF GRAND ISLAND, UPSTATE
Motion No: CA 11-00784
Slip Opinion No: 2011 NY Slip Op 81328(U)
Decided on August 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.


August 15, 2011

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

DOCKET NO. CA 11-00784

IN THE MATTER OF THE APPLICATION OF MICHAEL ZIOLKOWSKI AND

THOMAS BENNETT, PETITIONERS-APPELLANTS,

V

TOWN BOARD OF TOWN OF GRAND ISLAND, UPSTATE CELLULAR

NETWORK, DOING BUSINESS AS VERIZON WIRELESS, RUSSELL COLOSI

AND PATRICIA COLOSI, RESPONDENTS-RESPONDENTS.


Respondent Town Board of Town of Grand Island having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 5, 2011,

Now, upon reading and filing the affirmation of Charles W. Malcomb, Esq., dated August 1, 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 to file and serve a brief is granted on the condition that the brief is filed and served on or before August 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 September 6, 2011.

Entered: August 15, 2011

Patricia L. Morgan, Clerk