| STEVEN RACZKA, AND DIANE RACZKA V DAVID F. RAMIREZ ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK |
| Motion No: CA 09-00107 |
| Slip Opinion No: 2009 NY Slip Op 77016(U) |
| Decided on June 30, 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, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00107
| STEVEN RACZKA, AND DIANE RACZKA, PLAINTIFFS-APPELLANTS, V
DAVID F. RAMIREZ, DEFENDANT, ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK CONSTRUCTION, INC., ALLIED BUILDERS,
INC., J & M DISTRIBUTING CO., INC., DOING BUSINESS AS CERTO BROTHERS DISTRIBUTING COMPANY,
DEFENDANTS-RESPONDENTS. |
Respondent Ellicott Creek Construction, Inc. 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 Erie on August 4, 2008,
Now, upon reading and filing the affirmation of Joseph A. Matteliano dated June 18, 2009, the notice of motion with proof of service thereof, the affirmation of Debra A. Norton dated June 26, 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 brief is filed and served on or before August 7, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that appellants shall file a single reply brief on or before August 31, 2009.
Entered: June 30, 2009
Patricia L. Morgan, Clerk