| SUE/PERIOR CONCRETE & PAVING, INC. V KEVIN W. SENECA -, SENECA GAMING CORPORATION . |
| Motion No: CA 12-00491 |
| Slip Opinion No: 2012 NY Slip Op 71355(U) |
| Decided on April 24, 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., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 12-00491
| SUE/PERIOR CONCRETE & PAVING, INC., PLAINTIFF-RESPONDENT, V
KEVIN W. SENECA, ET AL., DEFENDANTS-APPELLANTS, SENECA GAMING CORPORATION, ET AL., DEFENDANTS. |
Respondent 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 21, 2011,
Now, upon reading and filing the affidavit of Elizabeth A. Kraengel, Esq., sworn to April 13, 2012, the notice of motion with proof of service thereof, and the affirmation of David T. Archer, Esq., dated April 20, 2012, 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 May 16, 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 May 31, 2012.
Entered: April 24, 2012
Frances E. Cafarell, Clerk