FIVE STAR BANK V CNH CAPITAL AMERICA, LLC , WHITE'S FARM SUPPLY, INC.
Motion No: CA 08-00194
Slip Opinion No: 2008 NYSlipOp 64963(U)
Decided on February 25, 2008
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 25, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, CENTRA, AND LUNN, JJ.

DOCKET NO. CA 08-00194

FIVE STAR BANK, PLAINTIFF-RESPONDENT,

V

CNH CAPITAL AMERICA, LLC, ET AL., DEFENDANTS, WHITE'S FARM SUPPLY, INC., DEFENDANT-APPELLANT.


Respondent 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 Ontario on April 6, 2007,

Now, upon reading and filing the affidavit of Patricia A. Mancabelli sworn to

February 21, 2008, 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 March 28, 2008, 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 April 14, 2008.

Entered: February 25, 2008

JoAnn M. Wahl, Clerk