| MATTER OF BENDERSON DEVELOPMENT COMPANY, LLC V TOWN OF ORCHARD PARK AND TOWN OF ORCHARD PARK ZONING BOARD |
| Motion No: CA 22-00583 |
| Slip Opinion No: 2022 NY Slip Op 76620(U) |
| Decided on November 29, 2022 |
| 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. |
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, BANNISTER AND MONTOUR, JJ.
CA 22-00583
| MATTER OF BENDERSON DEVELOPMENT COMPANY,
LLC, PETITIONER-APPELLANT, V TOWN OF ORCHARD PARK AND TOWN OF ORCHARD PARK ZONING BOARD,
RESPONDENTS-RESPONDENTS.
|
Counsel having jointly moved to adjourn oral argument of the appeal taken herein from a judgment of the Supreme Court, Erie County, entered April 7, 2022, and respondents having moved for an extension of time to file a respondents' brief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to adjourn oral argument is granted, and
It is further ORDERED that the appeal is removed from the Court's day calendar for January 9, 2023, and is added to the calendar for the term of Court commencing April 3, 2023,
It is further ORDERED that the motion insofar as it seeks an extension of time for the respondents' brief is granted on the condition that the brief is filed and served in accordance with this Court's rules on or before December 16, 2022.
Entered: November 29, 2022
Ann Dillon Flynn
Clerk of the Court