Opinion
DOCKET NO. CA 14-00390
04-16-2014
BERO FAMILY PARTNERSHIP, JOHN J. BERO, III, DONALD G. BERO, II, MARGARET BERO MAGGIONE, DOROTHY C. BERO, JUDITH A. BERO, DONALD G. BERO, THOMAS J. BERO, JOHN J. BERO, JR., MARION P. BERO, ROBERT M. BERO, STEVEN M. BERO, DAVID M. BERO, LORRAINE BERO MCGUIGAN, CHRISTINE M. MOORE AND GREGORY MOORE, PLAINTIFFS-APPELLANTS, v. DONALD ELARDO, DEFENDANT-APPELLANT, L.M. SESSLER EXCAVATING & WRECKING, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT. DONALD ELARDO, THIRD-PARTY PLAINTIFF-APPELLANT, v. L.M. SESSLER EXCAVATING & WRECKING, INC., THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY DEFENDANT.
PRESENT: , P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Respondent L.M. Sessler Excavating & Wrecking, Inc. having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 12, 2013,
Now, upon reading and filing the affirmation of Thomas R. Smith, Esq., dated March 27, 2014, 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 April 23, 2014, 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 May 8, 2014.
Frances E. Cafarell, Clerk