DAVID HOME BUILDERS, INC. V TARA A. MISIAK AND DR. MATTHEW M. MISIAK
Motion No: CA 10-02017
Slip Opinion No: 2011 NY Slip Op 87212(U)
Decided on October 14, 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.


October 14, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 10-02017

DAVID HOME BUILDERS, INC., PLAINTIFF-RESPONDENT,

V

TARA A. MISIAK AND DR. MATTHEW M. MISIAK,

DEFENDANTS-APPELLANTS.


Appellants 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 June 11, 2010,

Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq., sworn to September 27, 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 to the extent that the second ordering paragraph of the order of this Court entered August 11, 2011, is hereby amended by deleting the date September 27, 2011, and inserting in its place the date October 31, 2011.

Entered: October 14, 2011

Patricia L. Morgan, Clerk