COMPTROLLER OF STATE OF NEW YORK, AS TRUSTEE FOR THE NEW YORK STATE COMMON RETIREMENT FUND V LEVEL ACRES LLC, - .
Motion No: NOS. CA 15-00177 AND CA 15-00178
Slip Opinion No: 2015 NY Slip Op 79133(U)
Decided on July 13, 2015
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.


July 13, 2015

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

DOCKET NOS. CA 15-00177 AND CA 15-00178

COMPTROLLER OF STATE OF NEW YORK, AS TRUSTEE FOR THE NEW

YORK STATE COMMON RETIREMENT FUND, PLAINTIFF-APPELLANT,

V

LEVEL ACRES LLC, DEFENDANT-RESPONDENT,

ET AL., DEFENDANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on August 6, 2014, and November 6, 2014,

Now, upon reading and filing the affidavit of Edward Pekarek, Esq., sworn to July 1, 2015, 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 August 12, 2015, 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 27, 2015.

Entered: July 13, 2015

Frances E. Cafarell, Clerk