ELDRED JAY MARTIN V NIAGARA FALLS BRIDGE COMMISSION
Motion No: CA 17-01122
Slip Opinion No: 2017 NY Slip Op 85299(U)
Decided on September 5, 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.


September 5, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 17-01122

ELDRED JAY MARTIN, PLAINTIFF-APPELLANT,

V

NIAGARA FALLS BRIDGE COMMISSION, DEFENDANT-RESPONDENT.



NIAGARA FALLS BRIDGE COMMISSION, THIRD-PARTY PLAINTIFF,

V

LIBERTY MAINTENANCE, INC., THIRD-PARTY

DEFENDANT-RESPONDENT.


Respondents having moved and cross-moved for an extension of time to file and serve a briefs on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 24, 2016,

Now, upon reading and filing the affidavit of Robert P. Goodwin, Esq., sworn to August 16, 2017, the affirmation of Patrick J. Lawless, Esq., dated August 28, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted on the condition that the briefs are filed and served on or before October 2, 2017, 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 October 17, 2017.

Entered: September 5, 2017

Frances E. Cafarell, Clerk