| ENERGY COOPERATIVE OF AMERICA, INC. V LUIGI'S FAMILY BAKERY, INC., AND LUIGI'S BAKERY CORP. |
| Motion No: CA 18-01655 |
| Slip Opinion No: 2019 NY Slip Op 62890(U) |
| Decided on January 14, 2019 |
| 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., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.
DOCKET NO. CA 18-01655
| ENERGY COOPERATIVE OF AMERICA, INC., PLAINTIFF-APPELLANT, V
LUIGI'S FAMILY BAKERY, INC., AND LUIGI'S BAKERY CORP., DEFENDANTS-RESPONDENTS. |
Respondents having moved for permission to file and serve a late 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 March 5, 2018,
Now, upon reading and filing the affirmation of Richard J. Kubiniec, Esq., dated January 4, 2019, the notice of motion with proof of service thereof, and the affidavit of Adam M. Brasky, Esq., sworn to January 10, 2019, 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 January 16, 2019, 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 January 28, 2019.
Entered: January 14, 2019
Mark W. Bennett, Clerk