SCOTT F. DEAN, JR. V CITY OF UTICA CITY OF UTICA, . V BEATON INDUSTRIES, INC., .
Motion No: CA 10-00125
Slip Opinion No: 2010 NY Slip Op 65921(U)
Decided on March 17, 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.


March 17, 2010

PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-00125

SCOTT F. DEAN, JR., PLAINTIFF-APPELLANT,

V

CITY OF UTICA, DEFENDANT-RESPONDENT.

CITY OF UTICA, THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT.

V

BEATON INDUSTRIES, INC., THIRD-PARTY

DEFENDANT-RESPONDENT-APPELLANT.


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 Oneida on April 28, 2009,

Now, upon reading and filing the affidavit of John A. Cirando sworn to February 24, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before March 31, 2010, and the Clerk is directed to accept the brief for filing.

Entered: March 17, 2010

Patricia L. Morgan, Clerk