BETHANNE M. HAHN AND DOUGLAS HAHN V TOPS MARKETS, LLC , CONCEPT CONSTRUCTION CORPORATION AND INDUSTRIAL POWER AND
Motion No: CA 11-02213
Slip Opinion No: 2011 NY Slip Op 93493(U)
Decided on December 20, 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 20, 2011

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

DOCKET NO. CA 11-02213

BETHANNE M. HAHN AND DOUGLAS HAHN,

PLAINTIFFS-RESPONDENTS,

V

TOPS MARKETS, LLC, ET AL., DEFENDANTS,

CONCEPT CONSTRUCTION CORPORATION AND INDUSTRIAL

POWER AND LIGHTING CORP., DEFENDANTS-APPELLANTS.



TOPS MARKETS, LLC, THIRD-PARTY PLAINTIFF-RESPONDENT,

V

CONCEPT CONSTRUCTION CORPORATION, THIRD-PARTY

DEFENDANT-APPELLANT.


Plaintiffs-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 July 13, 2011,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to December 1, 2011, the notice of motion with proof of service thereof, and the affidavit of Dennis P. Hamilton, Esq., sworn to December 12, 2011, 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 January 18, 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 2, 2012.

Entered: December 20, 2011

Patricia L. Morgan, Clerk