PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND TROUTMAN, JJ.

OP 20-00737

IN THE MATTER OF CITY COUNCIL OF CITY OF JAMESTOWN, PETITIONER, V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER, RESPONDENTS.

Respondents having moved to dismiss this proceeding, commenced pursuant to General Municipal Law § 712, on the grounds of res judicata and collateral estoppel, to transfer to this Court a related CPLR article 78 proceeding pending in Supreme Court, Chautauqua County (City of Jamestown v Town Council of the Town of Ellicott, et al., Index No. EK12020000529), and to file late reply papers, and petitioner having moved for this Court to rescind its scheduling order and to set a new deadline for respondents' answer, and the parties having moved for other relief,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motion is denied insofar as it seeks to dismiss the proceeding (see General Municipal Law § 712 [12]), and

It is further ORDERED that respondents' motion is denied insofar as it seeks to transfer to this Court the CPLR article 78 proceeding pending in Supreme Court, and

It is further ORDERED that respondents' other motion is granted insofar as it seeks to file late reply papers, and

It is further ORDERED that petitioner's motion is granted to the extent that the scheduling order is vacated and respondents shall file and serve an answer on or before October 26, 2020, and

It is further ORDERED that the motions are otherwise dismissed, and

It is further ORDERED that this proceeding is hereby stayed pending the final determination of the CPLR article 78 proceeding pending in Supreme Court (see CPLR 2201), with the exception of respondents' deadline to file and serve an answer.

Entered: October 6, 2020

Mark W. Bennett

Clerk of the Court