Opinion
Motion No. CA 23-00411
07-26-2023
MATTER OF EDWARD SCHNEIDER, III, PETITIONER-APPELLANT, v. TOWN OF EVANS, RESPONDENT-RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, BANNISTER, OGDEN, AND GREENWOOD, JJ.
An appeal having been taken herein from an order of the Supreme Court, Erie County, entered February 27, 2023, and respondent having moved for an extension of time to file respondent's brief and to remove the appeal from the Court's day calendar for September 6, 2023 and add it to the Court's October term commencing on October 16, 2023, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that respondent's motion insofar as it seeks an extension of time to file an answering brief is granted on the condition that the brief is filed and served in accordance with this Court's rules on or before September 5, 2023, and
It is further ORDERED that the appeal is removed from the Court's day calendar for September 6, 2023, and is added to the Court's October term commencing on October 16, 2023.