| GLACIAL AGGREGATES, LLC V TOWN OF YORKSHIRE |
| Motion No: CA 07-02611 |
| Slip Opinion No: 2008 NYSlipOp 72774(U) |
| Decided on May 20, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-02611
| GLACIAL AGGREGATES, LLC, PLAINTIFF-RESPONDENT, V TOWN OF
YORKSHIRE, DEFENDANT-APPELLANT. |
Appellant having moved to strike respondent's brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on August 27, 2007, or in the alternative for an extension of time to file and serve its reply brief,
Now, upon reading and filing the affidavit of Anthony DiFilippo, III sworn to May 2, 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 to the extent that the reply brief may be filed and served on or before June 19, 2008, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied.
Entered: May 20, 2008
JoAnn M. Wahl, Clerk