| BROADWAY WAREHOUSE COMPANY, V EMPIRE DIAGNOSTICS, INC., AND EBD MANAGEMENT, LLC, ; |
| Motion No: CA 15-02040 |
| Slip Opinion No: 2016 NY Slip Op 62653(U) |
| Decided on January 25, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY., JJ.
DOCKET NO. CA 15-02040
| BROADWAY WAREHOUSE COMPANY, PLAINTIFF-APPELLANT-RESPONDENT,
V EMPIRE DIAGNOSTICS, INC., AND EBD MANAGEMENT, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS; ET AL.,
DEFENDANTS. |
Plaintiff having moved for an extension of time to file and serve a reply 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 March 30, 2015,
Now, upon reading and filing the affidavit of J. Michael Lennon, Esq., sworn to January 15, 2016, 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 plaintiff's reply brief is filed and served on or before February 9, 2016, and the Clerk is directed to accept the brief for filing.
Entered: January 25, 2016
Frances E. Cafarell, Clerk