| MICHAEL D. FILER V KEYSTONE CORPORATION, ABS MACHINING, LTD., ARTHUR SIMMONS AND SUPERIOR TECHNICAL RESOURCES, INC. |
| Motion No: CA 14-01446 |
| Slip Opinion No: 2014 NY Slip Op 89452(U) |
| Decided on November 10, 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 14-01446
| MICHAEL D. FILER, PLAINTIFF-RESPONDENT, V KEYSTONE
CORPORATION, ABS MACHINING, LTD., ARTHUR SIMMONS AND SUPERIOR TECHNICAL RESOURCES, INC.,
DEFENDANTS-APPELLANTS. |
Respondent having moved for an extension of time to file and serve a respondent's brief to the brief filed by ABS Machining, Ltd. on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 7, 2014,
Now, upon reading and filing the affidavit of Ernest A. DelDuchetto, Esq., sworn to October 28, 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 respondent's brief in response to the brief filed by ABC Machining Ltd. is filed and served on or before December 8, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that ABC Machining, Ltd.'s reply briefs in response to respondent's brief, if any, shall be filed and served on or before December 23, 2014.
Entered: November 10, 2014
Frances E. Cafarell, Clerk