| 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 85245(U) |
| Decided on September 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. |
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. |
Respondent Patent Construction Systems 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 November 23, 2010,
Now, upon reading and filing the affirmation of William K. Kennedy, Esq., dated September 8, 2011, the notice of motion with proof of service thereof, the affirmation of Alan D. Voos, Esq., dated September 12, 2011, and the affirmation of Brian G. Manka, Esq., dated September 16, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered September 2, 2011, is hereby amended by deleting the date October 3, 2011, and inserting in its place the date November 28, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the third ordering paragraph of the order of this Court entered September 2, 2011, is hereby amended by deleting the date October 18, 2011, and inserting in its place the date December 13, 2011.
Memorandum: No further extensions of time to file a respondent's brief will be granted.
Entered: September 27, 2011
Patricia L. Morgan, Clerk