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 77458(U)
Decided on June 20, 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.


June 20, 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.


Appellant having moved for an extension of time to file and serve a reply 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 affidavit of John G. Nicolich, Esq., sworn to June 8, 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 to the extent that the second ordering paragraph of the order of this Court entered May 9, 2016, is hereby amended by deleting the date June 21, 2016, and inserting in its place the date July 12, 2016.

Entered: June 20, 2016

Frances E. Cafarell, Clerk