BECKER-MANNING, INC. V COMMON COUNCIL OF CITY OF UTICA, PLANNING BOARD OF CITY OF UTICA, ZONING BOARD OF APPEALS OF

BECKER-MANNING, INC. V COMMON COUNCIL OF CITY OF UTICA, PLANNING BOARD OF CITY OF UTICA, ZONING BOARD OF APPEALS OF

Motion No: CA 13-01124

Slip Opinion No: 2013 NY Slip Op 82834(U)

Decided on August 8, 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.

August 8, 2013

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

DOCKET NO. CA 13-01124

BECKER-MANNING, INC., PLAINTIFF-APPELLANT,
V
COMMON COUNCIL OF CITY OF UTICA, PLANNING BOARD OF CITY OF
UTICA, ZONING BOARD OF APPEALS OF CITY OF UTICA AND
BENDERSON DEVELOPMENT COMPANY, INC.,
DEFENDANTS-RESPONDENTS.

Respondents Common Council of the City of Utica, Planning Board of the City of Utica, Zoning Board of Appeals of the City of Utica 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 Oneida on February 6, 2013,

Now, upon reading and filing the affirmation of William M. Borrill, Esq., dated July 16, 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 brief is filed and served on or before August 29, 2013, 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 September 13, 2013.

Entered: August 8, 2013

Frances E. Cafarell, Clerk