IN THE MATTER OF JOSEPH A. MASCIA V CITY OF BUFFALO, BYRON W. BROWN, INDIVIDUALLY, AND AS MAYOR OF THE CITY OF BUFFALO
Motion No: CA 17-01770
Slip Opinion No: 2018 NY Slip Op 72755(U)
Decided on May 14, 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.


May 14, 2018

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, 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.


Respondents City of Buffalo and Byron W. Brown, individually as a Mayor of the City of Buffalo 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 December 16, 2016,

Now, upon reading and filing the affirmation of William P. Mathewson, Esq., dated May 2, 2018, 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 July 11, 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 July 26, 2018.

Entered: May 14, 2018

Mark W. Bennett, Clerk