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

DOCKET NO. CA 18-01717

IN THE MATTER OF UP STATE TOWER CO., LLC, PLAINTIFF-APPELLANT, V VILLAGE OF LAKEWOOD, AND VILLAGE BOARD OF VILLAGE OF LAKEWOOD, INCLUDING MAYOR CARA BIRRITIERI, TRUSTEE DAVID DISALVO, TRUSTEE RANDALL HOLCOMB, TRUSTEE ELLEN BARNES, TRUSTEE SUSAN DRAGO, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF VILLAGE OF LAKEWOOD BOARD OF TRUSTEES, DEFENDANTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on January 26, 2018, and for other relief,

Now, upon reading and filing the affidavit of Richard E. Stanton, Esq., sworn to December 19, 2018, the notice of motion with proof of service thereof, and the affirmation of Andrew J. Leja, Esq., dated December 26, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal, and

It is further ORDERED that the motion is denied insofar as it seeks to strike the record without prejudice to a motion to settle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve the respondents' brief on the condition that the brief is filed and served on or before February 13, 2019, and the Clerk is directed to accept the brief for filing.

Entered: January 14, 2019

Mark W. Bennett, Clerk