SULLIVAN CONTRACTING, INC. V TURNER CONSTRUCTION CO., - .
Motion No: CA 08-01729
Slip Opinion No: 2008 NYSlipOp 83413(U)
Decided on September 15, 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 15, 2008

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

DOCKET NO. CA 08-01729

SULLIVAN CONTRACTING, INC., PLAINTIFF-RESPONDENT,

V

TURNER CONSTRUCTION CO., DEFENDANT-APPELLANT,

ET AL., DEFENDANT.


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 Oneida on January 7, 2008,

Now, upon reading and filing the affirmation of Armond J. Festine dated September 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 on condition that the brief is filed and served on or before October 20, 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 November 5, 2008.

Entered: September 15, 2008

JoAnn M. Wahl, Clerk