| DIPIZIO CONSTRUCTION COMPANY, INC. TRAVELERS CASUALTY AND SURETY COMPANY, INTERVENOR V ERIE CANAL HARBOR DEVELOPMENT |
| Motion No: CA 16-02279 |
| Slip Opinion No: 2017 NY Slip Op 64412(U) |
| Decided on February 15, 2017 |
| 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-02279
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, TRAVELERS
CASUALTY AND SURETY COMPANY, INTERVENOR-PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION,
DEFENDANT-RESPONDENT. |
Appellant 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 April 11, 2016,
Now, upon reading and filing the affirmation of Daniel W. Isaacs, Esq., dated February 2, 2017, the notice of motion with proof of service thereof, and the affirmation of Patricia A. Mancabelli, Esq., dated February 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before February 28, 2017, and the Clerk is directed to accept the brief for filing.
Entered: February 15, 2017
Frances E. Cafarell, Clerk