SOUTH BUFFALO ELECTRIC, INC. V ACCADIA SITE CONTRACTING, INC., AND DEVELOPERS SURETY AND INDEMNITY COMPANY
Motion No: CA 10-02178
Slip Opinion No: 2011 NY Slip Op 68519(U)
Decided on March 29, 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.


March 29, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 10-02178

SOUTH BUFFALO ELECTRIC, INC., PLAINTIFF-APPELLANT,

V

ACCADIA SITE CONTRACTING, INC.,

AND DEVELOPERS SURETY AND INDEMNITY COMPANY,

DEFENDANTS-RESPONDENTS.


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 Erie on March 24, 2010,

Now, upon reading and filing the affidavit of Joseph J. Manna, Esq. sworn to March 1, 2011, and 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 the condition that the brief is filed and served on or before April 12, 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 April 27, 2011, and

It is further ORDERED that the appeal is removed from the Court's day calendar for April 12, 2011, and added to the calendar for the term of this Court commencing May 16, 2011.

Entered: March 29, 2011

Patricia L. Morgan, Clerk