JEFFREY J. PITTS AND BRENDA L. PITTS V BELL CONSTRUCTORS, INC., ALSO KNOWN AS BELL CONSTRUCTORS OF ROCHESTER
Motion No: CA 10-00034
Slip Opinion No: 2010 NY Slip Op 86371(U)
Decided on October 27, 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.


October 27, 2010

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

DOCKET NO. CA 10-00034

JEFFREY J. PITTS AND BRENDA L. PITTS,

PLAINTIFFS-APPELLANTS,

V

BELL CONSTRUCTORS, INC., ALSO KNOWN AS BELL CONSTRUCTORS OF

ROCHESTER, DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on December 7, 2009,

Now, upon reading and filing the affidavit of Michael L. Amodeo, Esq. sworn to September 27, 2010, the notice of motion with proof of service thereof, the affidavit of Kenneth M. Alweis, Esq. sworn to September 27, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before November 12, 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 November 29, 2010.

Entered: October 27, 2010

Patricia L. Morgan, Clerk