THE ONEIDA INDIAN NATION, A SOVEREIGN NATION V HUNT CONSTRUCTION GROUP, INC.
Motion No: CA 11-00241
Slip Opinion No: 2011 NY Slip Op 75032(U)
Decided on June 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.


June 6, 2011

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 11-00241

THE ONEIDA INDIAN NATION, A SOVEREIGN NATION,

PLAINTIFF-APPELLANT,

V

HUNT CONSTRUCTION GROUP, INC., DEFENDANT-RESPONDENT.



THE ONEIDA INDIAN NATION, A SOVEREIGN NATION,

THIRD-PARTY PLAINTIFF,

V

BRENNAN BEER GORMAN/ARCHITECTS, LLP,

THIRD-PARTY DEFENDANT,

——————————————————————& mdash;————

BRENNAN BEER GORMAN/ARCHITECTS, LLP,

FOURTH-PARTY PLAINTIFF-RESPONDENT,

V

BERTINO & ASSOCIATES, INC.,

FOURTH-PARTY DEFENDANT-APPELLANT,

STEVEN FELLER, P.E.,STEVEN FELLER, P.E. INC., STEVEN

FELLER, P.E., PL, AND S. DESIMONE CONSULTING ENGINEERS, PLLC,

FOURTH-PARTY DEFENDANTS-RESPONDENTS,

ET AL., FOURTH-PARTY DEFENDANTS.


Defendant-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 Onondaga on January 21, 2011, and

Plaintiff/third-party plaintiff having cross-moved for an extension of time to file and serve a reply brief on said appeal,

Now, upon reading and filing the affirmation of John G. Powers, Esq. dated April 27, 2011, the affidavit of W. Bradley Hunt, Esq. sworn to May 5, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendant-respondent's motion is granted on the condition that the respondent's brief is filed and served on or before June 17, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the cross motion is granted on the condition that plaintiff/third-party plaintiff's reply brief is filed and served on or before July 11, 2011, and the Clerk is directed to accept the brief for filing.

Entered: June 6, 2011

Patricia L. Morgan, Clerk