| IN THE MATTER OF FRANCES E. BRADLEY V TOWN OF BOONVILLE ZONING BOARD OF APPEALS FORREST C. BARTELLOTTE AND MARILYN G. |
| Motion No: CA 11-01078 |
| Slip Opinion No: 2011 NY Slip Op 88097(U) |
| Decided on October 26, 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. CA 11-01078
DOCKET NO. CA 11-01600
| IN THE MATTER OF FRANCES E. BRADLEY, PETITIONER-RESPONDENT, V
TOWN OF BOONVILLE ZONING BOARD OF APPEALS, RESPONDENT, FORREST C. BARTELLOTTE AND MARILYN G. BARTELLOTTE,
INTERVENORS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF FRANCES E. BRADLEY, PETITIONER-RESPONDENT, V TOWN OF BOONVILLE
ZONING BOARD OF APPEALS, RESPONDENT, FORREST C. BARTELLOTTE AND MARILYN G. BARTELLOTTE, INTERVENORS-APPELLANTS. (APPEAL NO.
2.) |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 18, 2011 (Appeal No. 1),
Petitioner having cross-moved to deny appellants' motion to dismiss the appeals, to extend the time to file and serve a respondent's brief, and for other relief in Appeal No. 1 and in the appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 25, 2011 (Appeal No. 2.),
Now, upon reading and filing the affirmations of George E. Curtis, Esq., dated September 30, 2011, and October 13, 2011, the affirmation of Meghan M. Manion, Esq., dated October 7, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 18, 2011, is granted and the Clerk is directed to accept the appeal for filing, and
It is further ORDERED that petitioner's cross motion is denied insofar as it seeks denial of appellants' motion, dismissal of the appeals, and costs, and
It is further ORDERED that petitioner's cross motion insofar as it seeks an extension of time to file and serve a respondent's brief on the consolidated appeals is granted on the condition that the brief is filed and served on or before November 29, 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 December 14, 2011, and
It is further ORDERED that petitioner's cross motion is otherwise denied without prejudice (see 22 NYCRR 1000.4 [a] [1]).
Entered: October 26, 2011
Patricia L. Morgan, Clerk