JAMES A. DIETZ V COMPASS PROPERTY MANAGEMENT CORPORATION AND EVERGREEN TOWNHOUSES HOMEOWNERS ASSOCIATION, INC.
Motion No: CA 07-00075
Slip Opinion No: 2007 NYSlipOp 83578(U)
Decided on November 8, 2007
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.


November 8, 2007

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, GREEN, AND PINE, JJ.

DOCKET NO. CA 07-00075

JAMES A. DIETZ, PLAINTIFF-APPELLANT,

V

COMPASS PROPERTY MANAGEMENT CORPORATION AND EVERGREEN

TOWNHOUSES HOMEOWNERS ASSOCIATION, INC.,

DEFENDANTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 27, 2006,

Now, upon reading and filing the affidavit of Johanna M. Dash sworn to

October 24, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before November 16, 2007, 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 December 3, 2007.

Entered: November 8, 2007

JoAnn M. Wahl, Clerk