| JAMES O'DONNELL V BUFFALO-DS ASSOCIATES, LLC, DELTA SONIC CARWASH SYSTEMS, INC., AND BENDERSON DEVELOPMENT COMPANY |
| Motion No: CA 09-00332 |
| Slip Opinion No: 2009 NY Slip Op 78770(U) |
| Decided on July 15, 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 09-00332
| JAMES O'DONNELL, PLAINTIFF-APPELLANT, V BUFFALO-DS ASSOCIATES,
LLC, DELTA SONIC CARWASH SYSTEMS, INC., AND BENDERSON DEVELOPMENT COMPANY,
DEFENDANTS-RESPONDENTS. |
Respondents 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 27, 2008, and appellant having cross-moved for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affidavit of Thomas W. Bender sworn to June 26, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Stephen C. Halpern dated July 1, 2009, the notice of cross 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 August 5, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the reply brief is filed and served on or before August 28, 2009 and the Clerk is directed to accept the reply brief for filing.
Entered: July 15, 2009
Patricia L. Morgan, Clerk