PRESENT: WHALEN, P.J., CARNI, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-00194

DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 2.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, V NEW YORK STATE URBAN DEVELOPMENT CORPORATION DOING BUSINESS AS EMPIRE STATE DEVELOPMENT, ERIE CANAL HARBOR DEVELOPMENT CORPORATION, SAM HOYT, THOMAS DEE AND MARK E. SMITH, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.)

Respondent Travelers Casualty and Surety Company of America 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 Erie on April 27, 2015,

Now, upon reading and filing the affirmation of Robert Beau Leonard, Esq., dated June 22, 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 the brief is filed and served on or before August 11, 2016, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in response to the brief of respondent Travelers Casualty and Surety Company of America, if any, shall be filed and served on or before August 26, 2016.

Entered: July 6, 2016

Frances E. Cafarell, Clerk