VILLAGE OF EAST AURORA, V EAST AURORA UNION FREE SCHOOL DISTRICT, BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL
Motion No: CA 17-01412
Slip Opinion No: 2017 NY Slip Op 84595(U)
Decided on August 28, 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.


August 28, 2017

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

DOCKET NO. CA 17-01412

VILLAGE OF EAST AURORA, PETITIONER-PLAINTIFFS-APPELLANTS,

V

EAST AURORA UNION FREE SCHOOL DISTRICT, BOARD OF EDUCATION

OF EAST AURORA UNION FREE SCHOOL DISTRICT, NEW YORK STATE

EDUCATION DEPARTMENT AND MARY ELLEN ELIA, COMMISSIONER,

NEW YORK STATE EDUCATION DEPARTMENT,

RESPONDENTS-DEFENDANTS-RESPONDENTS.


Respondents New York State Education Department and Mary Ellen Elia, Commissioner, New York State Education Department 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 February 23, 2017,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated August 15, 2017, 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 as it relates respondents New York State Education Department and Mary Ellen Elia, Commissioner, New York State Education Department to on the condition that the brief is filed and served on or before October 20, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs as they relate to respondents New York State Education Department and Mary Ellen Elia, Commissioner, New York State Education Department's briefs, if any, shall be filed and served on or before November 6, 2017.

Entered: August 28, 2017

Frances E. Cafarell, Clerk