ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50 % SHAREHOLDER, OFFICER AND DIRECTOR OF 1ST CHOICE REALTY, INC. V 1ST
Motion No: CA 14-00964
Slip Opinion No: 2014 NY Slip Op 81163(U)
Decided on August 20, 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.


August 20, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-00964

ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50 %

SHAREHOLDER, OFFICER AND DIRECTOR OF 1ST CHOICE REALTY,

INC., PLAINTIFF-APPELLANT,

V

1ST CHOICE REALTY, INC., PHYLLIS FRACCOLA, INDIVIDUALLY AND

AS 50 SHAREHOLDER, OFFICER AND DIRECTOR OF 1ST CHOICE

REALTY, INC., AND PHYLLIS FRACCOLA AS SHAREHOLDER OF

HYDRANIA, INC., DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


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 Oneida on February 25, 2014,

Now, upon reading and filing the affirmation of Jay G. Williams, Esq., dated July 23, 2014, the notice of motion with proof of service thereof, and the affidavit of Albert G. Fraccola, Jr. sworn to August 4, 2014, 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 September 19, 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 October 6, 2014.

Entered: August 20, 2014

Frances E. Cafarell, Clerk