JEFFREY RICE V CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M. FITZPATRICK, JR., - . (ACTION NO. 1.) JAMES FELIX
Motion No: CA 15-02090
Slip Opinion No: 2016 NY Slip Op 66702(U)
Decided on March 8, 2016
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.


March 8, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 15-02090

JEFFREY RICE, PETITIONER-APPELLANT,

V

CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M.

FITZPATRICK, JR., DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANT.

(ACTION NO. 1.)

JAMES FELIX OLIVER, PLAINTIFF-APPELLANT.

V

CITY OF BUFFALO AND PETER B. NICELY,

DEFENDANTS-RESPONDENTS.

(ACTION NO. 2.)


Respondents City of Buffalo, Buffalo Fire Department, and Timothy M. Fitzpatrick, Jr. having moved for an extension of time to file and serve a single brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 4, 2015,

Now, upon reading and filing the affirmation of David M. Lee, Esq., dated February 25, 2016, 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 brief is filed and served on or before April 18, 2016, 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 May 3, 2016.

Entered: March 8, 2016

Frances E. Cafarell, Clerk