JUSTIN DECARLO V CLYDE BERGEMANN US, INC., DOING BUSINESS AS CLYDE BERGEMANN EEC, DUNKIRK POWER LLC, PATENT
Motion No: CA 11-00816
Slip Opinion No: 2011 NY Slip Op 82970(U)
Decided on September 2, 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.


September 2, 2011

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

DOCKET NO. CA 11-00816

JUSTIN DECARLO, PLAINTIFF-APPELLANT,

V

CLYDE BERGEMANN US, INC., DOING BUSINESS AS CLYDE BERGEMANN

EEC, DUNKIRK POWER LLC, PATENT CONSTRUCTION SYSTEMS, AND

RAYMOND C. BELTER, DEFENDANTS-RESPONDENTS.


Respondents Clyde Bergemann US, Inc., doing business as Clyde Bergemann EEC, Dunkirk Power LLC and Patent Construction Systems having moved for an extension of time to file and serve their briefs 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 23, 2010,

Now, upon reading and filing the affirmation of William K. Kenney, Esq., dated August 16, 2011, the affirmation of Brian G. Manka, Esq., dated August 19, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that the briefs are filed and served on or before October 3, 2011, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 18, 2011.

Entered: September 2, 2011

Patricia L. Morgan, Clerk