| CARL MAIS, V AJC ASSOCIATES, LP, TOPS MARKETS, LLC., AND JAVEN CONSTRUCTION COMPANY, INC., . |
| Motion No: CA 08-01937 |
| Slip Opinion No: 2009 NYSlipOp 60808(U) |
| Decided on January 14, 2009 |
| 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: CENTRA, J.P, PERADOTTO, GREEN AND PINE, 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. |
Appellants-respondents having moved for an extension of time to file and serve a reply 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, and to reschedule oral argument,
Now, upon reading and filing the affirmation of Melanie S. Wolk dated December 8, 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 reply brief is filed and served on or before April 17, 2009, and the Clerk is directed to accept the reply brief for filing, and
It is further ORDERED that the appeal is hereby removed from the February 26, 2009 day calendar of this Court and added to the calendar for the term of this Court commencing May 11, 2009.
Entered: January 14, 2009
JoAnn M. Wahl, Clerk