SOUTHGATE ASSOCIATES, LLC V TOWN OF WEST SENECA WEST SENECA CENTRAL SCHOOL DISTRICT AND COUNTY OF ERIE, INTERVENORS.
Motion No: CA 18-00234
Slip Opinion No: 2018 NY Slip Op 67724(U)
Decided on March 20, 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.


March 20, 2018

PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

DOCKET NO. CA 18-00234

SOUTHGATE ASSOCIATES, LLC, PETITIONER-RESPONDENT,

V

TOWN OF WEST SENECA, RESPONDENT-APPELLANT,

WEST SENECA CENTRAL SCHOOL DISTRICT AND

COUNTY OF ERIE, INTERVENORS-RESPONDENTS-APPELLANTS.


Petitioner-respondent 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 November 20, 2017,

Now, upon reading and filing the affidavit of Peter Allen Weinmann, Esq., sworn to February 28, 2018, the notice of motion with proof of service thereof, and the affirmation of Mark R. McNammara, Esq., dated March 6, 2018, 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 April 18, 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 May 3, 2018.

Entered: March 20, 2018

Mark W. Bennett, Clerk