IN THE MATTER OF PAUL E. SUCHER V TOWN OF ONTARIO, ONTARIO TOWN BOARD, ROBERT J. KELSCH, FORMER SUPERVISOR OF TOWN OF
Motion No: CA 17-01757
Slip Opinion No: 2018 NY Slip Op 62059(U)
Decided on January 16, 2018
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.


January 16, 2018

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

DOCKET NO. CA 17-01757

IN THE MATTER OF PAUL E. SUCHER, PETITIONER-RESPONDENT,

V

TOWN OF ONTARIO, ONTARIO TOWN BOARD, ROBERT J. KELSCH,

FORMER SUPERVISOR OF TOWN OF ONTARIO, JOHN J. SMITH,

SUPERVISOR OF TOWN OF ONTARIO, MICHAEL MELINO, ONTARIO TOWN

COUNCILMAN, JASON RUFFELL, ONTARIO TOWN COUNCILMAN, FRANK

ROBUSTO, ONTARIO TOWN COUNCILMAN, AND JOSEPH CATALANO,

ONTARIO TOWN COUNCILMAN, RESPONDENTS-APPELLANTS.


Petitioner 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 Wayne on December 15, 2016,

Now, upon reading and filing the affirmation of Charles D. Steinman, Esq., dated December 19, 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 on the condition that the brief is filed and served on or before February 5, 2018, 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 February 20, 2018.

Entered: January 16, 2018

Mark W. Bennett, Clerk