| CARL TROST AND JENNIFER TROST V ROCKINGHAM ESTATES, LLC, AND FORBES HOMES, INC. |
| Motion No: CA 13-01157 |
| Slip Opinion No: 2013 NY Slip Op 85771(U) |
| Decided on September 18, 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 NO. CA 13-01157
| CARL TROST AND JENNIFER TROST, PLAINTIFFS-RESPONDENTS,
V ROCKINGHAM ESTATES, LLC, AND FORBES HOMES, INC., DEFENDANTS-APPELLANTS. |
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 April 17, 2013,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to August 30, 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 October 16, 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 October 31, 2013.
Entered: September 18, 2013
Frances E. Cafarell, Clerk