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 91539(U)
Decided on December 14, 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 14, 2009

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, FAHEY, AND PINE, 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.


Appellant having moved for an extension of time to file and serve a reply brief 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 affirmation of Rebecca A. Crance dated December 3, 2009, the notice of motion with proof of service thereof, the opposing affidavit of James E. Maslyn sworn to December 6, 2009, 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 is filed and served on or before December 23, 2009, and the Clerk is directed to accept the reply brief for filing.

Entered: December 14, 2009

Patricia L. Morgan, Clerk