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: 2019 NY Slip Op 62827(U)
Decided on January 10, 2019
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 10, 2019

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.)


Petitioners City Council of City of Jamestown and City of Jamestown having moved for an extension of time to file and serve petitioners' brief on the original proceeding and 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, and for other relief,

Now, upon reading and filing the affirmation of Kathleen M. Bennett, Esq., dated January 4, 2019, 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 petitioners' brief is filed and served on or before February 5, 2019, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs be filed and served on or before March 12, 2019, and the Clerk is directed to accept the briefs for filing.

Entered: January 10, 2019

Mark W. Bennett, Clerk