CARL MAIS, V AJC ASSOCIATES, LP, TOPS MARKETS, LLC., AND JAVEN CONSTRUCTION COMPANY, INC., .
Motion No: CA 08-01937
Slip Opinion No: 2008 NYSlipOp 88945(U)
Decided on November 10, 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.


November 10, 2008

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

DOCKET NO. CA 08-01937

CARL MAIS, PLAINTIFF-RESPONDENT-APPELLANT,

V

AJC ASSOCIATES, LP, TOPS MARKETS, LLC., AND JAVEN

CONSTRUCTION COMPANY, INC.,

DEFENDANTS-APPELLANTS-RESPONDENTS.


Respondent-appellant having moved for an extension of time to file and serve a brief on the appeal and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 31, 2008,

Now, upon reading and filing the affidavit of Albert R. Christiano sworn to October 30, 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 December 1, 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 December 16, 2008.

Entered: November 10, 2008

JoAnn M. Wahl, Clerk