Opinion
Motion No: CA 11-00666 DOCKET NO. CA 11-01260
09-12-2011
LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT, v. TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT, v. TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PRESENT: , P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.
Appellants having renewed the motion to supplement the record, to extend time to perfect, and to vacate dismissal of Appeal No. 1 in the appeals from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 18, 2010 (Appeal No. 1), and December 1, 2010 (Appeal No. 2),
Now, upon reading and filing the affirmation of Anthony J. Adams, Jr., Esq., dated August 10, 2011, 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 supplemental record to which the parties stipulated is filed and served on or before September 16, 2011, in which case the respondent's brief on Appeal Nos. 1 and 2 shall be filed and served on or before October 21, 2011, and Appeal No. 1 shall be added to the term of this Court commencing November 28, 2011.
Patricia L. Morgan, Clerk