N & W CONSTRUCTION COMPANY, INC. AND BRAWDY CONSTRUCTION, INC. V ROOSA FAMILY ASSOCIATES, LIMITED PARTNERSHIP, JOSEPH
Motion No: CA 09-01724
Slip Opinion No: 2009 NY Slip Op 84150(U)
Decided on September 21, 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.


September 21, 2009

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

DOCKET NO. CA 09-01724

N & W CONSTRUCTION COMPANY, INC., PLAINTIFF,

AND BRAWDY CONSTRUCTION, INC., PLAINTIFF-APPELLANT,

V

ROOSA FAMILY ASSOCIATES, LIMITED PARTNERSHIP,

JOSEPH B. ROOSA, INDIVIDUALLY, NORTHWEST SAVINGS BANK,

DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.


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 April 3, 2009,

Now, upon reading and filing the affirmation of Brendan H. Little dated September 10, 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 is filed and served on or before October 19, 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 November 4, 2009.

Entered: September 21, 2009

Patricia L. Morgan, Clerk