C.P. WARD, INC., AND KBH CONSTRUCTION COMPANY, INC., V DELOITTE & TOUCHE LLP, AND DELOITTE & TOUCHE USA LLP,
Motion No: CA 10-00039
Slip Opinion No: 2010 NY Slip Op 63064(U)
Decided on February 9, 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.


February 9, 2010

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

DOCKET NO. CA 10-00039

C.P. WARD, INC., AND KBH CONSTRUCTION COMPANY, INC.,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

DELOITTE & TOUCHE LLP, AND DELOITTE & TOUCHE USA LLP,

DEFENDANTS-APPELLANTS-RESPONDENTS,

DELOITTE & TOUCHE LLP, AND DELOITTE & TOUCHE USA LLP, THIRD

PARTY-PLAINTIFFS-APPELLANTS,

V

RICHARD A. ASH AND ANTHONY SCLAMO, THIRD-PARTY

DEFENDANTS-RESPONDENTS.


Respondent-appellant 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 Monroe on September 17, 2009,

Now, upon reading and filing the affirmation of Douglas Capuder dated January 29, 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 records and briefs are filed and served on or before March 11, 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 26, 2010.

Entered: February 9, 2010

Patricia L. Morgan, Clerk