IN THE MATTER OF LIVINGSTON PARKWAY ASSOCIATION, INC., KENNETH PASLAQUA, EDWARD BUTLER, JR., DIANE RODMAN, JAMES
Motion No: CA 13-00364
Slip Opinion No: 2013 NY Slip Op 82846(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 13-00364

IN THE MATTER OF LIVINGSTON PARKWAY ASSOCIATION, INC.,

KENNETH PASLAQUA, EDWARD BUTLER, JR., DIANE RODMAN, JAMES

REYNOLDS, RAYMOND PAOLINI AND MICHAEL HUNTRESS,

PETITIONERS-APPELLANTS,

V

TOWN OF AMHERST ZONING BOARD OF APPEALS, THOMAS KETCHUM,

TOWN OF AMHERST, ISKALO 5000 MAIN LLC, ISKALO DEVELOPMENT

CORP., SONOMA GRILLE, INC., DOING BUSINESS AS SONOMA

GRILLE, AND MICHAEL R. MILITELLO, RESPONDENTS-RESPONDENTS.


Respondents Iskalo 5000 Main LLC, Iskalo Development, Corp., Town of Amherst Zoning Board of Appeals and Town of Amherst having moved for an extension of time to file and serve briefs 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 Erie on November 26, 2012,

Now, upon reading and filing the affirmation of Sean W. Hopkins, Esq., dated July 18, 2013, the affirmation of Leonard Berkowitz, Esq., dated July 22, 2013, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that the briefs are filed and served on or before August 16, 2013, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 3, 2013.

Entered: August 8, 2013

Frances E. Cafarell, Clerk