IN THE MATTER OF COLUMBUS MONUMENT CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO THE COLUMBUS MONUMENT
Motion No: CA 22-00380
Slip Opinion No: 2023 NY Slip Op 62785(U)
Decided on February 27, 2023
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.


February 27, 2023

PRESENT: WHALEN, P.J., PERADOTTO, BANNISTER, AND MONTOUR, JJ.

CA 22-00380

IN THE MATTER OF COLUMBUS MONUMENT CORPORATION,

INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO THE COLUMBUS

MONUMENT ASSOCIATION, NICHOLAS PIRRO, BOB GARDINO, JOANNE

GARDINO, JAMES ALBANESE, MIKE ALBANESE, KATIE ALBANESE,

MARY EMILY ALIBRANDI, SILVIO ASCENZO, LAUREN ASCENZO,

BRENDA WENDY LEE BOUSEFELD, ANGELO CHIODO, MARGARET CHIODO,

JOAN CHRISTENSEN, GABRIEL DIGENOVA, PETER DIGENOVA, GENE

FISCH, ANDRE GRASSO, KEVINE KANE, SHANNON KENNEDY, BILL

KINNE, JOE LEPIANE, TARKY LOMBARDI, JR., RANDY POTTER,

JOSEPH RUSSO, GERARADA SCUDERI, CHARLES TREMPER, AND JOHN

VIGLIOTTI, PETITIONERS-RESPONDENTS,

V

CITY OF SYRACUSE, RESPONDENT-APPELLANT,

ET AL., RESPONDENT.


Petitioners-respondents having moved for an extension of time to file and serve a brief and for leave to upload documents on the appeal taken herein from an order of the Supreme Court, Onondaga County, entered March 11, 2022,

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 an extension of time to file a brief is granted on the condition that the brief is filed and served in accordance with this Court's rules on or before March 13, 2023, and

It is further ORDERED that the motion insofar as it seeks to upload certain documents is denied without prejudice to a motion to re-settle the record on appeal in Supreme Court (see Stewart v Soda, 239 AD2d 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g] [3]; 1000.7 [b] [3]).

Entered: February 27, 2023

Ann Dillon Flynn

Clerk of the Court