| MATTER OF CONCRETE APPLIED TECHNOLOGIES CORPORATION V COUNTY OF ERIE, MARIA R. WHYTE, COMMISSIONER, ERIE COUNTY |
| Motion No: CA 15-00856 |
| Slip Opinion No: 2015 NY Slip Op 75031(U) |
| Decided on May 28, 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. |
PRESENT: SMITH, J.P., CENTRA, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-00856
| MATTER OF CONCRETE APPLIED TECHNOLOGIES CORPORATION,
PETITIONER-RESPONDENT, V COUNTY OF ERIE, MARIA R. WHYTE, COMMISSIONER, ERIE COUNTY DEPARTMENT OF ENVIRONMENTAL PLANNING,
AND KANDEY COMPANY, INC., RESPONDENTS-APPELLANTS. |
Appellants County of Erie and Maria R. Whyte, Commissioner, Erie County Department of Environmental Planning, having moved upon the return of an order to show cause granted by the Honorable Gerald J. Whalen on May 26, 2015, to expedite the appeals taken herein from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on April 20, 2015,
Now, upon reading and filing the affidavit of James P. Blenk, Esq., sworn to May 26, 2015, the affidavit of Joseph L. Fiegl sworn to May 26, 2015, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is added to the day calendar of this Court for June 24, 2015, on submission only, and
It is further ORDERED that Kandey Company, Inc., shall perfect its appeal on or before June 5, 2015, and
It is further ORDERED that respondent shall file and serve briefs on the appeal on or before June 12, 2015, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 19, 2015.
Entered: May 28, 2015
Frances E. Cafarell, Clerk