| IN THE MATTER OF KEVIN FOSTER V AURELIUS FIRE DISTRICT |
| Motion No: TP 11-01255 |
| Slip Opinion No: 2011 NY Slip Op 91117(U) |
| Decided on November 28, 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., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.
DOCKET NO. TP 11-01255
| IN THE MATTER OF KEVIN FOSTER, PETITIONER, V AURELIUS FIRE
DISTRICT, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a reply 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 Cayuga on June 7, 2011,
Now, upon reading and filing the affidavit of Norman J. Chirco, Esq., sworn to November 7, 2011, the affidavit of David B. Garwood, Esq., sworn to October 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Mark C. Butler, Esq., dated November 23, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before December 2, 2011, and the Clerk is directed to accept the brief for filing.
Entered: November 28, 2011
Patricia L. Morgan, Clerk