| JOHN R. SHERK V LEHIGH CONSTRUCTION GROUP, INC., RIGHTEOUS BABE RECORDS, INC., RIGHTEOUS BABE MUSIC, INC., 341 |
| Motion No: CA 10-00873 |
| Slip Opinion No: 2010 NY Slip Op 75076(U) |
| Decided on June 11, 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. |
PRESENT: SCUDDER. P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 10-00873
| JOHN R. SHERK, PLAINTIFF-APPELLANT, V LEHIGH CONSTRUCTION
GROUP, INC., RIGHTEOUS BABE RECORDS, INC., RIGHTEOUS BABE MUSIC, INC., 341 DELAWARE, INC., 341 DELAWARE LENDER, LLC, ASBURY DEVELOPMENT,
L.P., ASBURY DEVELOPMENT, LLC, ASBURY MASTER TENANT, LLC, CITY OF BUFFALO, AND BUFFALO RENEWAL AGENCY,
DEFENDANTS-RESPONDENTS. LEHIGH CONSTRUCTION GROUP, INC., THIRD-PARTY PLAINTIFF, V LANCET-ARCH, INC., THIRD-PARTY
DEFENDANT-RESPONDENT. |
Respondents 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 Erie on November 13, 2009,
Now, upon reading and filing the affirmation of Andrew D. Merrick, Esq. dated May 12, 2010, the notice of motion with proof of service thereof, the affirmation of Harry J. Forrest, Esq. dated May 14, 2010, 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 21, 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 6, 2010.
Entered: June 11, 2010
Patricia L. Morgan, Clerk