IN THE MATTER OF MERCURY FACTORING, LLC V PARTNERS TRUST BANK AND LENNON'S LITHO, INC.
Motion No: CA 09-02628
Slip Opinion No: 2010 NY Slip Op 62068(U)
Decided on January 25, 2010
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.


January 25, 2010

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

DOCKET NO. CA 09-02628

IN THE MATTER OF MERCURY FACTORING, LLC,

PETITIONER-APPELLANT.

V

PARTNERS TRUST BANK, RESPONDENT,

AND LENNON'S LITHO, INC., RESPONDENT-RESPONDENT.


Respondent Lennon's Litho, Inc. 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 Herkimer on October 9, 2009,

Now, upon reading and filing the affidavit of Michael A. Castle sworn to January 11, 2010, 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 March 5, 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 March 22, 2010.

Entered: January 25, 2010

Patricia L. Morgan, Clerk