Energy Coop. of Am., Inc. v. Luigi's Family Bakery, Inc.

Full title: ENERGY COOPERATIVE OF AMERICA, INC., PLAINTIFF-APPELLANT, v. LUIGI'S…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 14, 2019

2019 N.Y. Slip Op. 62890 (N.Y. App. Div. 2019)

Opinion

DOCKET NO. CA 18-01655

01-14-2019

ENERGY COOPERATIVE OF AMERICA, INC., PLAINTIFF-APPELLANT, v. LUIGI'S FAMILY BAKERY, INC., AND LUIGI'S BAKERY CORP., DEFENDANTS-RESPONDENTS.

WHALEN, P.J., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.

PRESENT:

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