TRACY PRESTON, AS ADMINISTRATOR OF THE ESTATE OF ERIC S. LEHMAN, DECEASED V APCH, INC., ALSTOM POWER, INC., AND
Motion No: CA 11-00169
Slip Opinion No: 2011 NY Slip Op 69212(U)
Decided on April 6, 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.


April 6, 2011

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

DOCKET NO. CA 11-00169

TRACY PRESTON, AS ADMINISTRATOR OF THE ESTATE OF ERIC S.

LEHMAN, DECEASED, PLAINTIFF-RESPONDENT,

V

APCH, INC., ALSTOM POWER, INC., AND

COMBUSTION ENGINEERING, INC., DEFENDANTS-APPELLANTS.


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 Allegany on May 14, 2010,

Now, upon reading and filing the affirmation of Lawrence A. Schulz, Esq. dated March 17, 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 May 2, 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 May 16, 2011.

Entered: April 6, 2011

Patricia L. Morgan, Clerk