| CARL MAIS, V AJC ASSOCIATES, LP, TOPS MARKETS, LLC., AND JAVEN CONSTRUCTION COMPANY, INC., . |
| Motion No: CA 08-01937 |
| Slip Opinion No: 2009 NY Slip Op 72413(U) |
| Decided on May 7, 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: SCUDDER, HURLBUTT, PERADOTTO, GREEN AND GORSKI, 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 and surreply briefs 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 April 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Albert R. Christiano dated April 27, 2009 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 June 26, 2009, and the Clerk is directed to accept the reply brief for filing, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before July 17, 2009, and
It is further ORDERED that the appeal is hereby removed from the May 11, 2009, day calendar of this Court and added to the calendar for the term of this Court commencing September 8, 2009.
Memorandum: No further extensions will be granted.
Entered: May 7, 2009
Patricia L. Morgan, Clerk