M & T BANK CORPORATION V GEMSTONE CDO VII, LTD , DEUTSCHE BANK SECURITIES, INC., HBK INVESTMENTS, LP, HBK PARTNERS II
Motion No: CA 09-01402
Slip Opinion No: 2009 NY Slip Op 81538(U)
Decided on August 26, 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.


August 26, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NO. CA 09-01402

M & T BANK CORPORATION, PLAINTIFF-RESPONDENT,

V

GEMSTONE CDO VII, LTD, ET AL., DEFENDANTS,

DEUTSCHE BANK SECURITIES, INC., HBK INVESTMENTS, LP,

HBK PARTNERS II LP AND HBK MANAGEMENT LLC,

DEFENDANTS-APPELLANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 12, 2009, and for permission to submit a single, excess-page brief,

Now, upon reading and filing the affirmation of Robert J. Lane, Jr. dated July 31, 2009, 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 brief, which is not to exceed 110 pages, is filed and served on or before September 15, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 15, 2009.

Entered: August 26, 2009

Patricia L. Morgan, Clerk