| BERO FAMILY PARTNERSHIP, JOHN J. BERO, III, DONALD G. BERO, II, MARGARET BERO MAGGIONE, DOROTHY C. BERO, JUDITH A. |
| Motion No: CA 14-00390 |
| Slip Opinion No: 2014 NY Slip Op 69633(U) |
| Decided on April 16, 2014 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-00390
| BERO FAMILY PARTNERSHIP, JOHN J. BERO, III, DONALD G. BERO,
II, MARGARET BERO MAGGIONE, DOROTHY C. BERO, JUDITH A. BERO, DONALD G. BERO, THOMAS J. BERO, JOHN J. BERO, JR., MARION P.
BERO, ROBERT M. BERO, STEVEN M. BERO, DAVID M. BERO, LORRAINE BERO MCGUIGAN, CHRISTINE M. MOORE AND GREGORY
MOORE, PLAINTIFFS-APPELLANTS, V DONALD ELARDO, DEFENDANT-APPELLANT, L.M. SESSLER EXCAVATING & WRECKING,
INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT. DONALD ELARDO, THIRD-PARTY PLAINTIFF-APPELLANT, V
L.M. SESSLER EXCAVATING & WRECKING, INC., THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY
DEFENDANT. |
Respondent L.M. Sessler Excavating & Wrecking, Inc. 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 Monroe on August 12, 2013,
Now, upon reading and filing the affirmation of Thomas R. Smith, Esq., dated March 27, 2014, 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 April 23, 2014, 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 8, 2014.
Entered: April 16, 2014
Frances E. Cafarell, Clerk