| IN THE MATTER OF RESCUE MISSION OF UTICA, INC. V CITY OF UTICA , AND MICHAEL S. RIZZO IN THE MATTER OF MICHAEL S. |
| Motion No: CA 15-01180 |
| Slip Opinion No: 2015 NY Slip Op 93081(U) |
| Decided on December 7, 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: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01180
DOCKET NO. CA 15-01181
| IN THE MATTER OF RESCUE MISSION OF UTICA, INC.,
PETITIONER-RESPONDENT, V CITY OF UTICA, ET AL., RESPONDENTS, AND MICHAEL S. RIZZO, RESPONDENT-APPELLANT. (APPEAL NO.
1.) IN THE MATTER OF MICHAEL S. RIZZO, PETITIONER-APPELLANT, V RESCUE MISSION OF THE CITY OF UTICA, INC., CITY OF UTICA, DAVID
ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES, AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR CITY OF
UTICA ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellant having moved for an extension of time to file and serve a reply brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 17, 2014, and June 26, 2015,
Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Esq., dated November 23, 2015, 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 December 14, 2015, and the Clerk is directed to accept the brief for filing.
Entered: December 7, 2015
Frances E. Cafarell, Clerk