BATTAGLIA DEMOLITION, BATTAGLIA TRUCKING AND PETER BATTAGLIA V CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, CITY OF

BATTAGLIA DEMOLITION, BATTAGLIA TRUCKING AND PETER BATTAGLIA V CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, CITY OF

Motion No: CA 13-01063

Slip Opinion No: 2013 NY Slip Op 82925(U)

Decided on August 19, 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 19, 2013

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

DOCKET NO. CA 13-01063

BATTAGLIA DEMOLITION, BATTAGLIA TRUCKING AND PETER
BATTAGLIA, PETITIONERS-APPELLANTS,
V
CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, CITY OF
BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT &
INSPECTION SERVICES, AND PARTICK SOLE, JR., AS DIRECTOR OF
PERMIT & INSPECTION SERVICES, RESPONDENTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 19, 2013,

Now, upon reading and filing the affidavit of Joel C. Moore, Esq., sworn to July 30, 2013, the notice of motion with proof of service thereof, and the affidavit of Joseph F. Gervase, Jr., Esq., sworn to August 2, 2013, 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 19, 2013

Frances E. Cafarell, Clerk