JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYTACUSE PROPERTY OWNERS ASSOCIATION, STAMPEDE VI, LLC, HAMR, INC., AVON
Motion No: CA 11-01940
Slip Opinion No: 2011 NY Slip Op 90630(U)
Decided on November 23, 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.


November 23, 2011

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

DOCKET NO. CA 11-01940

JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYTACUSE

PROPERTY OWNERS ASSOCIATION,

STAMPEDE VI, LLC, HAMR, INC., AVON, INC., 867 SUMNER AVE,

LLC, JAKE AND BUCK, LLC, OCOMSTOCK COMPANY, LCC, NORMAN

ROTH, WILLIAM OSUCHOWSKI, DAVID EADE, DAVID PATRUNO,

JENNIFER PATRUNO, BARBARA HUMPHREY, RENEE MURRAY, YAJAIRA

BRIZUELA, PAUL WALSH, CAROL STONE AND BENJAMIN TUPPER,

PLAINTIFFS-APPELLANTS,

V

CITY OF SYRACUSE, COMMON COUNCIL OF CITY OF SYRACUSE AND

PLANNING COMMISSION OF CITY OF SYRACUSE,

DEFENDANTS-RESPONDENTS.


Respondents having moved for an extension of time 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 Onondaga on May 19, 2011,

Now, upon reading and filing the affidavit of Meghan P. McLees Craner, Esq., sworn to November 9, 2011, the notice of motion with proof of service thereof, and the affirmation of Adam L. Wekstein, Esq., dated November 18, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before December 2, 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 19, 2011.

Entered: November 23, 2011

Patricia L. Morgan, Clerk