EDWARD CUNNINGHAM, III V LECHASE CONSTRUCTION, FREDERICO WRECKING CO., INC., AND FRIENDS OF FINGER LAKES PERFORMING
Motion No: CA 11-00958
Slip Opinion No: 2011 NY Slip Op 77125(U)
Decided on June 24, 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 24, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 11-00958

EDWARD CUNNINGHAM, III, PLAINTIFF-APPELLANT,

V

LECHASE CONSTRUCTION, FREDERICO WRECKING CO., INC., AND

FRIENDS OF FINGER LAKES PERFORMING ARTS CENTER, INC.,

DEFENDANTS-RESPONDENTS.



FREDERICO WRECKING CO., INC.,

THIRD-PARTY PLAINTIFF-APPELLANT,

V

CONTOUR ERECTION AND SIDING SYSTEMS,

THIRD-PARTY DEFENDANT-RESPONDENT.

——————————————————————& mdash;————

LECHASE CONSTRUCTION AND FRIENDS OF FINGER LAKES

PERFORMING ARTS CENTER, INC.,

THIRD-PARTY PLAINTIFFS-APPELLANTS,

V

CONTOUR ERECTION AND SIDING SYSTEMS, INC.,

THIRD-PARTY DEFENDANT-RESPONDENT.


Defendants/third-party plaintiffs having moved for an extension of time to file and serve a respondents-appellants' 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 November 24, 2010,

Now, upon reading and filing the affidavit of Ann M. Campbell, Esq. sworn to June 3, 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 July 25, 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 August 9, 2011.

Entered: June 24, 2011

Patricia L. Morgan, Clerk