LEO J. ROTH CORPORATION V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT
Motion No: CA 11-00666
Slip Opinion No: 2011 NY Slip Op 88645(U)
Decided on November 1, 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.


November 1, 2011

PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00666
DOCKET NO. CA 11-01260

LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT,

V

TRADEMARK DEVELOPMENT CO., INC.,

LEGACY AT ERIE STATION LLC,

U.S. HOMES CO., INC.,

LEGACY AT FAIRWAYS LLC, AND

MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT,

V

TRADEMARK DEVELOPMENT CO., INC.,

LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC.,

LEGACY AT FAIRWAYS LLC, AND

MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 18, 2010, and December 1, 2010,

Now, upon reading and filing the affirmation of David J. Edwards, Esq., dated October 21, 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 November 4, 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 November 21, 2011.

Entered: November 1, 2011

Patricia L. Morgan, Clerk