| WEBSTER GOLF CLUB, INC., AND B & C GOLF, INC., V MONROE COUNTY WATER AUTHORITY, , CHRISTA CONSTRUCTION, LLC, O'BRIEN & |
| Motion No: CA 22-00816 |
| Slip Opinion No: 2023 NY Slip Op 63513(U) |
| Decided on March 15, 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. |
PRESENT: WHALEN, P.J., PERADOTTO, BANNISTER, MONTOUR AND GREENWOOD, JJ.
CA 22-00816
| WEBSTER GOLF CLUB, INC., AND B & C GOLF,
INC., PLAINTIFFS-RESPONDENTS-APPELLANTS, V MONROE COUNTY WATER
AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT, CHRISTA CONSTRUCTION, LLC, O'BRIEN & GERE ENGINEERS, INC., LECHASE CONSTRUCTION
SERVICES, LLC, VILLAGER CONSTRUCTION, INC., AND FISHER ASSOCIATES, P.E., L.S.,
P.C., DEFENDANTS-RESPONDENTS. |
Plaintiffs having moved for an extension of time to file and serve a brief on the appeals taken herein from an order of the Supreme Court, Monroe County, entered March 29, 2022, and defendant Monroe County Water Authority having cross-moved to adjourn oral argument of the appeals,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the plaintiffs' 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 17, 2023, and
It is further ORDERED that the defendant Monroe County Water Authority's cross-motion insofar as it seeks to adjourn oral argument is granted, and the appeal is removed from the Court's day calendar for April 3, 2023, and is added to the Court's day calendar for May 23, 2023, and
It is further ORDERED that the dismissal of plaintiffs' appeal is vacated on the condition that plaintiffs timely file a brief as directed above.
Entered: March 15, 2023
Ann Dillon Flynn
Clerk of the Court