DAVID LEATHERS AND BRENDA LEATHERS V ZAEPFEL DEVELOPMENT COMPANY, INC., TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY
Motion No: NOS. CA 14-00025 AND CA 14-00026
Slip Opinion No: 2014 NY Slip Op 70132(U)
Decided on April 17, 2014
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 17, 2014

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

DOCKET NOS. CA 14-00025 AND CA 14-00026

DAVID LEATHERS AND BRENDA LEATHERS, PLAINTIFFS-APPELLANTS,

V

ZAEPFEL DEVELOPMENT COMPANY, INC., TOWN OF AMHERST

INDUSTRIAL DEVELOPMENT AGENCY, AND NORTHPOINTE COMMERCE

PARK, LLC, DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to file and serve a reply brief on the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2013, and May 8, 2014,

Now, upon reading and filing the affidavit of Nicholas A. Romano, Esq., sworn to March 31, 2014, 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 May 5, 2014, and the Clerk is directed to accept the brief for filing.

Entered: April 17, 2014

Frances E. Cafarell, Clerk