THE LINKS AT BLACK CREEK, LLC V BALLANTYNE DEVELOPMENT, LLC , AND REXFORD-ALBANY MUNICIPAL SUPPLY COMPANY, INC.
Motion No: CA 08-00820
Slip Opinion No: 2008 NYSlipOp 79508(U)
Decided on August 4, 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.


August 4, 2008

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

DOCKET NO. CA 08-00820

THE LINKS AT BLACK CREEK, LLC, PLAINTIFF-APPELLANT,

V

BALLANTYNE DEVELOPMENT, LLC, ET AL., DEFENDANTS, AND

REXFORD-ALBANY MUNICIPAL SUPPLY COMPANY, INC.,

DEFENDANT-RESPONDENT.


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 Monroe on June 29, 2007,

Now, upon reading and filing the affidavit of Mark W. Couch sworn to July 22, 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 August 26, 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 September 10, 2008.

Entered: August 4, 2008

JoAnn M. Wahl, Clerk