| MARCONE APW, LLC, V SERVALL COMPANY, KARL P. ROSENHAHN AND MARK J. CREIGHTON, . |
| Motion No: CA 11-00440 |
| Slip Opinion No: 2011 NY Slip Op 71879(U) |
| Decided on May 3, 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 11-00440
| MARCONE APW, LLC, PLAINTIFF-RESPONDENT-APPELLANT, V SERVALL
COMPANY, KARL P. ROSENHAHN AND MARK J. CREIGHTON, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Plaintiff having moved for an extension of time until May 2, 2011, to file and serve a respondent's 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 February 8, 2011,
Now, upon reading and filing the affidavit of Alan J. Bozer, Esq. sworn to April 22, 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 and the brief is deemed timely served and filed.
Entered: May 3, 2011
Patricia L. Morgan, Clerk