FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA, LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND
Motion No: NOS. CA 08-01817, CA 08-01818 AND CA 08-01819
Slip Opinion No: 2009 NY Slip Op 85859(U)
Decided on October 13, 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.


October 13, 2009

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.

DOCKET NOS. CA 08-01817, CA 08-01818 AND CA 08-01819

FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE

NIAGARA, LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT

CORP. AND WHITESTAR DEVELOPMENT CORP. AS A MEMBER OF ONE

NIAGARA, LLC, PLAINTIFFS-RESPONDENTS,

V

INCREDIBLE INVESTMENTS LIMITED, SHMUEL SHMUELI,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.


Respondents having moved for an extension of time to file and serve a brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 21, 2008, July 15, 2008 and August 7, 2008, and for other relief,

Now, upon reading and filing the affidavit of Paul Grenga sworn to September 29, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Joseph E. Zdarsky sworn to October 7, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the brief may be filed and served on or before October 16, 2009, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and

It is further ORDERED that respondents' attorney shall not be permitted oral argument.

Entered: October 13, 2009

Patricia L. Morgan, Clerk