JOHN K. MARTINEZ V TAMBE ELECTRIC, INC. ROCHESTER INSTITUTE OF TECHNOLOGY, AND THE PIKE COMPANY, INC. ROCHESTER
Motion No: CA 09-01331
Slip Opinion No: 2009 NY Slip Op 86581(U)
Decided on October 19, 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 19, 2009

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

DOCKET NO. CA 09-01331

JOHN K. MARTINEZ, PLAINTIFF-RESPONDENT,

V

TAMBE ELECTRIC, INC., DEFENDANT-APPELLANT,

ROCHESTER INSTITUTE OF TECHNOLOGY, AND

THE PIKE COMPANY, INC., DEFENDANTS-RESPONDENTS.

ROCHESTER INSTITUTE OF TECHNOLOGY, ET AL., THIRD-PARTY

PLAINTIFFS,

V

BETLEM SERVICE CORPORATION, THIRD-PARTY

DEFENDANT-RESPONDENT.


Respondents Betlem Service Corporation and John K. Martinez having moved for an extension of time to file and serve briefs on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 15, 2009,

Now, upon reading and filing the affidavit of William K. Kennedy sworn to October 8, 2009, the affidavit of James E. Maslyn sworn to October 14, 2009, the notices of motion with proof of service thereof, the affirmation of Rebecca A. Crance dated October 13, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted on condition that those respondents' briefs are filed and served on or before November 18, 2009, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 3, 2009.

Entered: October 19, 2009

Patricia L. Morgan, Clerk