JOHN W. KARCZ, JR. AND JENNIFER KARCZ V KLEWIN BUILDING COMPANY, INC. AND E & F/WALSH BUILDING COMPANY, LLC, - .
Motion No: CA 10-02385
Slip Opinion No: 2011 NY Slip Op 63004(U)
Decided on January 31, 2011
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.


January 31, 2011

PRESENT: SCUDDER, P. J., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 10-02385

JOHN W. KARCZ, JR. AND JENNIFER KARCZ,

PLAINTIFFS-RESPONDENTS,

V

KLEWIN BUILDING COMPANY, INC. AND E & F/WALSH BUILDING

COMPANY, LLC, DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.



KLEWIN BUILDING COMPANY, INC., THIRD-PARTY

PLAINTIFF-APPELLANT,

V

MADAR CONSTRUCTION COMPANY, INC., THIRD-PARTY

DEFENDANT-RESPONDENT.


Plaintiffs-respondents 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 Niagara on August 5, 2010,

Now, upon reading and filing the affirmation of Debra A. Norton, Esq. dated January 10, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael T. Feeley, Esq. sworn to January 18, 2011, 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 February 18, 2011, 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 7, 2011.

Entered: January 31, 2011

Patricia L. Morgan, Clerk