O'BRIEN & GERE LIMITED AND O'BRIEN & GERE ENGINEERS, INC., V NEXTGEN CHEMICAL PROCESSES, INC., NEXTGEN FUEL, INC.
Motion No: CA 11-00776
Slip Opinion No: 2011 NY Slip Op 71881(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.


May 3, 2011

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

DOCKET NO. CA 11-00776

O'BRIEN & GERE LIMITED AND O'BRIEN & GERE ENGINEERS, INC.,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

NEXTGEN CHEMICAL PROCESSES, INC., NEXTGEN FUEL, INC.,

GOLDEN TECHNOLOGY MANAGEMENT, LLC, JOHN GAUS, JEFF DEWEESE

AND PHILIP D. LEVESON, DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants having moved for an extension of time to file and serve their respondents' brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 26, 2010,

Now, upon reading and filing the affidavit of Lee Alcott, Esq. sworn to April 19, 2011, the notice of motion with proof of service thereof, and the affidavit of Frank A. Bersani, Jr., Esq. sworn to April 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that defendants' respondents' brief is filed and served on or before June 16, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs shall be filed and served on or before July 1, 2011.

Entered: May 3, 2011

Patricia L. Morgan, Clerk