ANTHONY MCCLOUD V BETTCHER INDUSTRIES, INC., - .
Motion No: CA 11-01403
Slip Opinion No: 2011 NY Slip Op 81955(U)
Decided on August 22, 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.


August 22, 2011

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

DOCKET NO. CA 11-01403

ANTHONY MCCLOUD, PLAINTIFF-RESPONDENT,

V

BETTCHER INDUSTRIES, INC., DEFENDANT-APPELLANT,

ET AL., 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 Erie on January 28, 2011,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to August 9, 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 September 21, 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 October 6, 2011.

Entered: August 22, 2011

Patricia L. Morgan, Clerk