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 77718(U)
Decided on July 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.


July 6, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORKI, 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.


Plaintiff having moved for an extension of time to file and serve a reply 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 Alan D. Voos, Esq., sworn to June 15, 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 plaintiff's reply brief is filed and served on or before August 9, 2011, and the Clerk is directed to accept the brief for filing.

Entered: July 6, 2011

Patricia L. Morgan, Clerk