| POLYFUSION ELECTRONICS, INC., V PROMARK ELECTRONICS, INC., AND ROBERT GATHERCOLE, . |
| Motion No: CA 12-02035 |
| Slip Opinion No: 2012 NY Slip Op 91071(U) |
| Decided on November 21, 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 12-02035
| POLYFUSION ELECTRONICS, INC.,
PLAINTIFF-RESPONDENT-APPELLANT, V PROMARK ELECTRONICS, INC., AND ROBERT GATHERCOLE,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Plaintiff having moved for an extension of time to perfect the cross appeal and file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 22, 2011,
Now, upon reading and filing the affidavit of V. Christopher Potenza, Esq., sworn to November 5, 2012, the notice of motion with proof of service thereof, and the affidavit of V. Christopher Potenza, Esq., sworn to November 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the cross appeal is perfected and the brief is filed and served on or before January 11, 2013, 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 January 28, 2013.
Entered: November 21, 2012
Frances E. Cafarell, Clerk