EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., COUNTY OF ERIE, CHRIS COLLINS, BUFFALO NIAGARA
Motion No: CA 11-01813
Slip Opinion No: 2011 NY Slip Op 92365(U)
Decided on December 13, 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.


December 13, 2011

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

DOCKET NO. CA 11-01813

EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND

CONTRACTORS, INC., COUNTY OF ERIE, CHRIS COLLINS,

BUFFALO NIAGARA PARTNERSHIP INC., INNOVATIVE MECHANICAL

SYSTEMS, INC., M.G.M. INSULATION, INC., ALLEGHANY

INDUSTRIAL INSULATION CO., DANIEL J. BRINSKY AND DOUG

BYERLY, PLAINTIFFS-APPELLANTS,

V

M. PATRICIA SMITH, IN HER OFFICIAL CAPACITY AS

COMMISSIONER, NEW YORK STATE DEPARTMENT OF LABOR,

AND THOMAS P. DINAPOLI, IN HIS OFFICIAL CAPACITY AS

COMPTROLLER, STATE OF NEW YORK, DEFENDANTS-RESPONDENTS.


Respondents 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 19, 2010,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated November 29, 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 February 6, 2012, 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 February 21, 2012.

Entered: December 13, 2011

Patricia L. Morgan, Clerk