THOMAS L. REED V NEA RESIDENTIAL, INC., - .
Motion No: CA 08-02201
Slip Opinion No: 2009 NYSlipOp 63898(U)
Decided on February 19, 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.


February 19, 2009

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

DOCKET NO. CA 08-02201

THOMAS L. REED, PLAINTIFF-RESPONDENT,

V

NEA RESIDENTIAL, INC., DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


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 Niagara on June 3, 2008,

Now, upon reading and filing the affirmation of Stephen C. Halpern dated January 29, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Bradley A. Hoppe dated February 2, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.

Entered: February 19, 2009

JoAnn M. Wahl, Clerk