IN THE MATTER OF DAVID KUBIAK V DANIEL DERENDA, CHIEF OF POLICE, CITY OF BUFFALO POLICE DEPARTMENT, AND CITY OF BUFFALO
Motion No: CA 16-01307
Slip Opinion No: 2016 NY Slip Op 86284(U)
Decided on September 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.


September 20, 2016

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

DOCKET NO. CA 16-01307

IN THE MATTER OF DAVID KUBIAK, PETITIONER-APPELLANT,

V

DANIEL DERENDA, CHIEF OF POLICE, CITY OF BUFFALO POLICE

DEPARTMENT, AND CITY OF BUFFALO, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 27, 2015,

Now, upon reading and filing the affidavit of Cindy T. Cooper, Esq., sworn to August 23, 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 October 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 October 21, 2016.

Entered: September 20, 2016

Frances E. Cafarell, Clerk