FRANK DELUCA MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE, - V TONAWANDA COKE CORPORATION, THE ESTATE OF
Motion No: CA 18-00115
Slip Opinion No: 2018 NY Slip Op 75082(U)
Decided on June 11, 2018
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.


June 11, 2018

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

DOCKET NO. CA 18-00115
DOCKET NO. CA 18-00116

FRANK DELUCA, PLAINTIFF,

MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE,

PLAINTIFF-APPELLANT, ET AL., PLAINTIFFS,

V

TONAWANDA COKE CORPORATION, THE ESTATE OF J.D. CRANE,

DECEASED, AND MARK KAMHOLZ, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 1.)

FRANK DELUCA, PLAINTIFF,

MARY DELUCA, INDIVIDUALLY, AND AS CLASS REPRESENTATIVE,

PLAINTIFF-RESPONDENT-APPELLANT, ET AL., PLAINTIFF,

V

TONAWANDA COKE CORPORATION, THE ESTATE OF J.D. CRANE, DECEASED,

AND MARK KAMHOLZ, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL.,

DEFENDANTS.

(APPEAL NO. 2.)


Defendants-appellants-respondents having moved for an extension of time to file and serve a reply brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2017, and December 1, 2017,

Now, upon reading and filing the affirmation of Hugh M. Russ, III, Esq., dated June 1, 2018, 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 June 25, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before July 10, 2018.

Entered: June 11, 2018

Mark W. Bennett, Clerk