SENECA PIPE & PAVING CO., INC. V SOUTH SENECA CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION COMPANY, - .
Motion No: NOS. CA 08-00795, CA 08-00796 AND CA 08-00798
Slip Opinion No: 2008 NYSlipOp 82898(U)
Decided on September 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.


September 4, 2008

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

DOCKET NOS. CA 08-00795, CA 08-00796 AND CA 08-00798
DOCKET NOS. CA 08-00795, CA 08-00796 AND CA 08-00798PAGE 2

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

SOUTH SENECA CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION

COMPANY, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANT.

(APPEAL NO. 1.)



SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

SOUTH SENECA CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

—————————————————————— —————————

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

CHRISTA CONSTRUCTION CO., INC., ET AL., DEFENDANTS, AND JAVEN CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)

Respondents South Seneca Central School District and Javen Construction Company having moved for an extension of time to file and serve briefs on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 24, 2007, August 23, 2007, and August 24, 2007,

Now, upon reading and filing the affirmation of Matthew R. Fletcher dated August 14, 2008, the affidavit of Laura W. Smalley sworn to August 18, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted on condition that the briefs are filed and served on or before October 27, 2008, and the Clerk is directed to accept the briefs for filing, and

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


It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 12, 2008.

Entered: September 4, 2008

JoAnn M. Wahl, Clerk