| JACK L. DIPASQUALE, V M.J. OGIONY BUILDERS, INC., AND FISHER HOMES, LLC, . |
| Motion No: CA 08-01642 |
| Slip Opinion No: 2008 NYSlipOp 83421(U) |
| Decided on September 16, 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 08-01642
| JACK L. DIPASQUALE, PLAINTIFF-RESPONDENT-APPELLANT, V M.J.
OGIONY BUILDERS, INC., AND FISHER HOMES, LLC, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Respondent-appellant having moved for an extension of time to file and serve a brief on the appeals and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 1, 2008,
Now, upon reading and filing the affirmation of Debra A. Norton dated September 5, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Kevin E. Loftus dated September 8, 2008, 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 7, 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 October 22, 2008.
Entered: September 16, 2008
JoAnn M. Wahl, Clerk