| SHANE VANDERWALL V 1255 PORTLAND AVENUE LLC AND SPOLETA CONSTRUCTION LLC |
| Motion No: CA 14-01640 |
| Slip Opinion No: 2014 NY Slip Op 88915(U) |
| Decided on November 3, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01640
| SHANE VANDERWALL, PLAINTIFF-APPELLANT, V 1255 PORTLAND
AVENUE LLC AND SPOLETA CONSTRUCTION LLC, DEFENDANTS-RESPONDENTS. SPOLETA CONSTRUCTION LLC THIRD-PARTY PLAINTIFF,
V HUB-LANGIE PAVING, INC., THIRD-PARTY DEFENDANT. |
Respondent Spoleta Construction LLC 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 November 12, 2013,
Now, upon reading and filing the affirmation of Stewart B. Greenspan, Esq., dated October 3, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent Spoleta Construction LLC's motion is granted on the condition that its brief is filed and served on or before December 3, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs in response to respondent Spoleta Construction LLC's brief, if any, shall be filed and served on or before December 18, 2014.
Entered: November 3, 2014
Frances E. Cafarell, Clerk