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

DOCKET NO. CA 17-01770

IN THE MATTER OF JOSEPH A. MASCIA, PETITIONER-APPELLANT, V CITY OF BUFFALO, BYRON W. BROWN, INDIVIDUALLY AND AS MAYOR OF THE CITY OF BUFFALO, MICHAEL A. SEAMAN, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, ALAN CORE, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, STANLEY FERNANDEZ, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, HAL D. PAYNE, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, DONNA BROWN, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, YVONNE MARTINEZ, INDIVIDUALLY AND AS A MEMBER OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS, AND BUFFALO MUNICIPAL HOUSING AUTHORITY, RESPONDENTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 16, 2016,

Now, upon reading and filing the affirmation of Rebecca M. Kujawa, Esq., dated October 10, 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, and appellant shall perfect the appeal on or before December 11, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 23, 2017

Mark W. Bennett, Clerk