JOHN W. KARCZ, JR., AND JENNIFER KARCZ V KLEWIN BUILDING COMPANY, INC. , R.B. U'BEN EQUIPMENT RENTAL, INC.
Motion No: CA 10-00858
Slip Opinion No: 2010 NY Slip Op 73858(U)
Decided on June 2, 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.


June 2, 2010

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

DOCKET NO. CA 10-00858

JOHN W. KARCZ, JR., AND JENNIFER KARCZ,

PLAINTIFFS-RESPONDENTS,

V

KLEWIN BUILDING COMPANY, INC., ET AL., DEFENDANTS,

R.B. U'BEN EQUIPMENT RENTAL, INC., DEFENDANT-APPELLANT,



R.B. U'BEN EQUIPMENT RENTAL, INC., THIRD-PARTY

PLAINTIFF-APPELLANT,

V

MADER CONSTRUCTION COMPANY, THIRD-PARTY

DEFENDANT-RESPONDENT.


Respondents John W. Karcz, Jr. and Jennifer Karcz 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 Niagara on June 19, 2009,

Now, upon reading and filing the affirmation of Timothy M. Hudson, Esq. dated May 10, 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 June 16, 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 July 1, 2010.

Entered: June 2, 2010

Patricia L. Morgan, Clerk