| BETA OF DUNKIRK, LLC V CHADWICK BAY ASSOCIATES, LLC, AND MAIN/FOURTH PARTNERS, LLC |
| Motion No: CA 08-01057 |
| Slip Opinion No: 2008 NYSlipOp 78578(U) |
| Decided on July 23, 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: CENTRA, J.P., FAHEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-01057
| BETA OF DUNKIRK, LLC, PLAINTIFF-APPELLANT, V CHADWICK BAY
ASSOCIATES, LLC, AND MAIN/FOURTH PARTNERS, LLC, DEFENDANTS-RESPONDENTS. |
Phillips Lytle, LLP having moved to withdraw as counsel for appellant, and for an extension of time for appellant to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on February 26, 2008,
Now, upon reading and filing the affirmation of Alan J. Bozer dated July 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Hugh C. Carlin dated July 18, 2008, 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 ordering paragraph of the order of this Court entered May 19, 2008 is hereby amended by deleting the date July 18, 2008 and inserting in its place the date September 22, 2008, and Phillips Lytle, LLP is granted permission to withdraw as counsel for appellant.
Entered: July 23, 2008
JoAnn M. Wahl, Clerk