Town of Ellery v. N.Y. State Dep't of Envtl. Developmental Conservation

Full title: TOWN OF ELLERY, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 31, 2017

2017 N.Y. Slip Op. 81618 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01195

07-31-2017

TOWN OF ELLERY, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL DEVELOPMENTAL CONSERVATION AND CHAUTAUQUA COUNTY, RESPONDENTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondent Chautauqua County having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on October 24, 2016,

Now, upon reading and filing the affirmation of Brittany A. Jones, Esq., dated July 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Mindy L. Zoghlin, Esq., dated July 24, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before September 11, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 26, 2017.

Entered: July 31, 2017

Frances E. Cafarell, Clerk