TOWN OF AMHERST, V ROCKINGHAM ESTATES, LLC, .
Motion No: CA 12-00435
Slip Opinion No: 2012 NY Slip Op 69962(U)
Decided on April 11, 2012
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.


April 11, 2012

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

DOCKET NO. CA 12-00435

TOWN OF AMHERST, PETITIONER-APPELLANT-RESPONDENT,

V

ROCKINGHAM ESTATES, LLC, DEFENDANT-RESPONDENT-APPELLANT,

ET AL., DEFENDANTS.


Defendant Rockingham Estates, LLC, having moved for an extension of time to perfect its cross appeal and to file and serve a brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 10, 2011,

Now, upon reading and filing the affidavit of Katherine M. Liebner, Esq., sworn to March 19, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that cross appeal is perfected and the brief is filed and served on or before June 14, 2012, 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 June 29, 2012.

Entered: April 11, 2012

Frances E. Cafarell, Clerk