| LITTLETON CONSTRUCTION LTD. V HUBER CONSTRUCTION, INC., AND LITTLETON/HUBER JOINT VENTURE |
| Motion No: CA 14-00818 |
| Slip Opinion No: 2014 NY Slip Op 77106(U) |
| Decided on June 30, 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 14-00818
| LITTLETON CONSTRUCTION LTD., PLAINTIFF-RESPONDENT,
V HUBER CONSTRUCTION, INC., AND LITTLETON/HUBER JOINT VENTURE,
DEFENDANTS-APPELLANTS. |
Attorney for respondent having moved to withdraw as counsel and for an extension of time for respondent 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 December 3, 2013,
Now, upon reading and filing the affidavit of Patrick J. Brown, Esq., sworn to June 4, 2014, the notice of motion with proof of service thereof, and the affidavit of William J. Simon, Esq., sworn to June 16, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to withdraw as counsel is granted, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before July 30, 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 August 14, 2014.
Entered: June 30, 2014
Frances E. Cafarell, Clerk