| CITY COUNCIL OF CITY OF JAMESTOWN V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER |
| Motion No: OP 17-01942 |
| Slip Opinion No: 2018 NY Slip Op 65513(U) |
| Decided on February 22, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 17-01942
DOCKET NO. TP 17-02197
| CITY COUNCIL OF CITY OF JAMESTOWN, PETITIONER, V TOWN COUNCIL
OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER, RESPONDENTS. FALCONER CENTRAL SCHOOL DISTRICT,
INTERVENOR-RESPONDENT. (PROCEEDING NO. 1.) IN THE MATTER OF CITY OF JAMESTOWN, PETITIONER, V TOWN COUNCIL OF TOWN OF
ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER, RESPONDENTS. (PROCEEDING NO. 2.) |
Respondents Town Council Of Town Of Ellicott and Board of Trustees of Village Falconer having moved to consolidate the original proceeding (proceeding No. 1) with the proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua County on December 15, 2017 (proceeding No. 2), and for extensions of time to file and serve answers and related documents in the proceedings, and Falconer Central School having moved to intervene in proceeding No. 1 as a respondent pursuant to General Municipal Law § 712 (4),
Now, upon reading and filing the affirmations of John A. Mancuso, Esq., dated January 16, 2018, and January 19, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion insofar as it seeks to consolidate the proceedings is granted, and
It is further ORDERED that the scheduling order of this Court dated December 22, 2017, is hereby vacated, and
It is further ORDERED that respondents' motion insofar as it seeks an extension of time to file an answer in proceeding No. 1 is granted on the condition that the answer is filed and served on or before March 15, 2018, and
It is further ORDERED respondents' motion insofar as it seeks an extension of time to file and serve an answer and record of proceedings in proceeding No. 2 is granted on the condition that all documents are filed and served on or before March 15, 2018, and
It is further ORDERED that Falconer Central School District's motion insofar as it seeks leave to intervene as a respondent in proceeding No. 1 is granted pursuant to General Municipal Law § 712 (4), and
It is further ORDERED that intervenor-respondent Falconer Central School District's motion insofar as it seeks permission to file and serve an answer in proceeding No. 1 is granted on the condition that the answer is filed and served on or before March 15, 2018.
Entered: February 22, 2018
Mark W. Bennett, Clerk