IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC V CHAUTAUQUA COUNTY, CITY OF DUNKIRK VILLAGE OF BROCTON VILLAGE OF
Motion No: CA 16-00511
Slip Opinion No: 2016 NY Slip Op 73990(U)
Decided on May 9, 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.


May 9, 2016

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

DOCKET NO. CA 16-00511

IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC,

PETITIONER-APPELLANT,

V

CHAUTAUQUA COUNTY, CITY OF DUNKIRK, VILLAGE OF BROCTON,

VILLAGE OF WESTFIELD, BROCTON CENTRAL SCHOOL DISTRICT,

DUNKIRK CITY SCHOOL DISTRICT, FREDONIA CENTRAL SCHOOL

DISTRICT, RIPLEY CENTRAL SCHOOL DISTRICT AND WESTFIELD

CENTRAL SCHOOL DISTRICT, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on October 2, 2015,

Now, upon reading and filing the affirmation of Michael B. Risman, Esq., dated April 20, 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 June 6, 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 June 21, 2016.

Entered: May 9, 2016

Frances E. Cafarell, Clerk