TOWN OF MARILLA AND TIMOTHY J. SCOTT V STANLEY E. TRAVIS, TRAV-CO FARMS, SUSTAINABLE BIOPOWER, LLC, NEW YORK STATE
Motion No: CA 16-01249
Slip Opinion No: 2016 NY Slip Op 91726(U)
Decided on November 14, 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.


November 14, 2016

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

DOCKET NO. CA 16-01249

TOWN OF MARILLA AND TIMOTHY J. SCOTT,

PETITIONERS-APPELLANTS,

V

STANLEY E. TRAVIS, TRAV-CO FARMS, SUSTAINABLE BIOPOWER,

LLC, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION, RESPONDENTS-RESPONDENTS,

AND BARBARA TRAVIS, RESPONDENT.


Respondents Stanley E. Travis, Trav-Co Farms, and Sustainable Biopower, LLC 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 Erie on October 13, 2015,

Now, upon reading and filing the affirmation of John A. Mancuso, Esq., dated November 4, 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 January 3, 2017, 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 January 18, 2017.

Entered: November 14, 2016

Frances E. Cafarell, Clerk