ALLEGANY WIND LLC V PLANNING BOARD OF TOWN OF ALLEGANY
Motion No: CA 13-00795
Slip Opinion No: 2013 NY Slip Op 78663(U)
Decided on July 1, 2013
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.


July 1, 2013

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

DOCKET NO. CA 13-00795

ALLEGANY WIND LLC, PETITIONER-APPELLANT,

V

PLANNING BOARD OF TOWN OF ALLEGANY,

RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on February 28, 2013,

Now, upon reading and filing the affirmation of James A. Muscato, Esq., sworn to June 14, 2013, 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 the reply brief is filed and served on or before July 12, 2013, and the Clerk is directed to accept the brief for filing.

Entered: July 1, 2013

Frances E. Cafarell, Clerk