LEVEL 3 COMMUNICATIONS, LLC, AND BROADWING COMMUNICATIONS, LLC V ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA
Motion No: CA 15-00302
Slip Opinion No: 2015 NY Slip Op 72370(U)
Decided on May 5, 2015
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.


May 5, 2015

PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.

DOCKET NO. CA 15-00302

LEVEL 3 COMMUNICATIONS, LLC, AND BROADWING COMMUNICATIONS,

LLC, PETITIONERS-APPELLANTS,

V

ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA,

VILLAGE OF NORTH COLLINS, CITY OF LACKAWANNA SCHOOL

DISTRICT, EDEN CENTRAL SCHOOL DISTRICT, LAKESHORE CENTRAL

SCHOOL DISTRICT AND NORTH COLLINS CENTRAL SCHOOL DISTRICT,

RESPONDENTS-RESPONDENTS.


Appellants having moved for an extension of time to file and serve a reply brief and for permission to file a consolidated 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 Erie on November 7, 2014,

Now, upon reading and filing the affidavit of John G. Nicolich, Esq., sworn to April 22, 2015, the notice of motion with proof of service thereof, and the affirmation of J. Ryan White, Esq., dated May 1, 2015, 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 27, 2015, and the Clerk is directed to accept the brief for filing.

Entered: May 5, 2015

Frances E. Cafarell, Clerk