| TOWN OF ELLERY V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL DEVELOPMENTAL CONSERVATION AND CHAUTAUQUA COUNTY |
| Motion No: CA 17-01195 |
| Slip Opinion No: 2017 NY Slip Op 81618(U) |
| Decided on July 31, 2017 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01195
| TOWN OF ELLERY, PETITIONER-APPELLANT, V NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL DEVELOPMENTAL CONSERVATION AND CHAUTAUQUA COUNTY,
RESPONDENTS-RESPONDENTS. |
Respondent Chautauqua County 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 Chautauqua on October 24, 2016,
Now, upon reading and filing the affirmation of Brittany A. Jones, Esq., dated July 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Mindy L. Zoghlin, Esq., dated July 24, 2017, 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 September 11, 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 September 26, 2017.
Entered: July 31, 2017
Frances E. Cafarell, Clerk