ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE
Motion No: CA 09-01762
Slip Opinion No: 2009 NY Slip Op 90744(U)
Decided on December 7, 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.


December 7, 2009

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

DOCKET NO. CA 09-01762

ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A.

BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE

UNDER THE W. DALE COMPTON TRUST AGREEMENT, DATED MAY 18,

1977, MICHAEL T. KELLEY, JAMES W. TAKACS, AS TRUSTEE OF THE

EVANS FAMILY TRUST, ROGER STORM, WARBURG, PINCUS CAPITAL

PARTNERS, L.P., JAMES B. ADLER, HARVEY H. BLAKELY, E. JOHN

FINN, ANDREW G. KNAFEL AND SIDNEY R. KNAFEL, INDIVIDUALLY

AND AS TRUSTEES OF THE DOUGLAS R. KNAFEL TRUST (1983), DON

KOSTER, GEORGE PASHEL, PINPOINT PARTNERS I, MARY T. SPOHN

AND JAMES H. STEINER, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

TYCO ACQUISITION CORP. XVIII, NOW KNOWN AS M/A-COM TECH

HOLDINGS, INC., TYCO ELECTRONICS CORPORATION, TYCO

INTERNATIONAL (US) INC., TYCO INTERNATIONAL LTD. AND

M/A-COM CERAM, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.


Appellants-respondents having moved for permission to file and serve an excess-page reply 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 December 4, 2008,

Now, upon reading and filing the affidavit of William P. Keefer sworn to November 20, 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 reply brief not exceed 70 pages is filed and served on or before December 11, 2009, and the Clerk is directed to accept the reply brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before December 24, 2009.

Entered: December 7, 2009

Patricia L. Morgan, Clerk