| RJ TAYLOR GENERAL CONTRACTING, INC., V FAIRPORT CENTRAL SCHOOL DISTRICT, . |
| Motion No: CA 12-00350 |
| Slip Opinion No: 2012 NY Slip Op 70657(U) |
| Decided on April 17, 2012 |
| 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 12-00350
| RJ TAYLOR GENERAL CONTRACTING, INC.,
PLAINTIFF-RESPONDENT-APPELLANT, V FAIRPORT CENTRAL SCHOOL DISTRICT,
DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff having moved to vacate the dismissal of a cross appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 9, 2011, and defendant having cross-moved for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affidavit of Anthony J. Adams, Jr., Esq., sworn to April 2, 2012, the affidavit of Jana K. McDonald, Esq., sworn to April 4, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the plaintiff's motion insofar as it seeks to vacate dismissal of its cross appeal is granted, the dismissal of plaintiff's cross appeal is deemed vacated, and the Clerk is directed to accept plaintiff's brief for purposes of plaintiff's cross appeal, and
It is further ORDERED that defendant's cross motion is granted on the condition that its reply brief is filed and served on or before May 2, 2012, and the Clerk is directed to accept the brief for filing.
Entered: April 17, 2012
Frances E. Cafarell, Clerk