| DIPIZIO CONSTRUCTION COMPANY, INC. V NIAGARA FRONTIER TRANSPORTATION AUTHORITY |
| Motion No: NOS. CA 12-02172 AND CA 12-02173 |
| Slip Opinion No: 2013 NY Slip Op 63202(U) |
| Decided on January 30, 2013 |
| 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 NOS. CA 12-02172 AND CA 12-02173
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,
V NIAGARA FRONTIER TRANSPORTATION AUTHORITY, DEFENDANT-RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 11, 2012,
Now, upon reading and filing the affirmation of Benjamin M. Zuffranieri, Jr., Esq., dated January 18, 2013, 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 March 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 March 28, 2013.
Entered: January 30, 2013
Frances E. Cafarell, Clerk