DAVID M. AHLERS V ECOVATION, INC. W. JEROME FRAUTSCHI, W. JEROME FRAUTSCHI LIVING TRUST, PLEASANT T. ROWLAND, THE
Motion No: CA 09-02438
Slip Opinion No: 2009 NY Slip Op 90810(U)
Decided on December 9, 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 9, 2009

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

DOCKET NO. CA 09-02438

DAVID M. AHLERS, PLAINTIFF-RESPONDENT,

V

ECOVATION, INC., DEFENDANTS,

W. JEROME FRAUTSCHI, W. JEROME FRAUTSCHI LIVING TRUST,

PLEASANT T. ROWLAND, THE PLEASANT T. ROWLAND REVOCABLE

TRUST, THE PLEASANT T. ROWLAND FOUNDATION, INC.,

THE OVERTURE FOUNDATION, INC., DIANE C. CREEL, GEORGE

SLOCUM, DAVID CALL, DAVID PATCHEN, CREIGHTON K. (KIM)

EARLY, RICHARD KOLLAUF, RITA OBERLE, ROBERT SHEH,

PHILIP STRAWBRIDGE, DEFENDANTS-APPELLANTS.


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 Ontario on October 7, 2009,

Now, upon reading and filing the affirmation of Jonathan D. Forstot dated December 3, 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 January 15, 2010, 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 February 1, 2010.

Entered: December 9, 2009

Patricia L. Morgan, Clerk