DAVID FLOWERS V HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY
Motion No: CA 18-00261
Slip Opinion No: 2018 NY Slip Op 77051(U)
Decided on July 2, 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.


July 2, 2018

PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

DOCKET NO. CA 18-00261

DAVID FLOWERS, PLAINTIFF-RESPONDENT,

V

HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY,

DEFENDANTS-APPELLANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 24, 2017,

Now, upon reading and filing the affidavit of Samuel J. Capizzi, Esq., sworn to June 20, 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 August 24, 2018, 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 September 10, 2018.

Entered: July 2, 2018

Mark W. Bennett, Clerk