RYAN D. KIRBIS V LPCIMINELLI, INC., AND LPCIMINELLI CONSTRUCTION CORP.
Motion No: CA 11-01172
Slip Opinion No: 2011 NY Slip Op 79307(U)
Decided on July 27, 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 27, 2011

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

DOCKET NO. CA 11-01172

RYAN D. KIRBIS, PLAINTIFF-RESPONDENT,

V

LPCIMINELLI, INC., AND LPCIMINELLI CONSTRUCTION CORP.,

DEFENDANTS-APPELLANTS.


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 Erie on October 5, 2010,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to July 7, 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 August 26, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 12, 2011.

Entered: July 27, 2011

Patricia L. Morgan, Clerk