| MELISSA J. DAWLEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF SCOTT A. DAWLEY, DECEASED V ROBERT MCCUMBER |
| Motion No: CA 07-01141 |
| Slip Opinion No: 2007 NYSlipOp 79869(U) |
| Decided on October 1, 2007 |
| 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: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01141
| MELISSA J. DAWLEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF SCOTT A. DAWLEY, DECEASED, PLAINTIFF-RESPONDENT, V ROBERT MCCUMBER, DEFENDANT, ROGER M. DECKER, JR. AND T.J. MADDEN CONSTRUCTION COMPANY, INC., DEFENDANTS-APPELLANTS. (ACTION NO.1.) ROGER M DECKER, JR., PLAINTIFF-APPELLANT, V ROBERT MCCUMBER, MELISSA J. DAWLEY, AS ADMINISTRATRIX OF THE ESTATE OF SCOTT A. DAWLEY, DECEASED, AND RANDALL P. DAWLEY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) |
Plaintiff-respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on February 5, 2007,
Now, upon reading and filing the affidavit of Michael A. Castle sworn to
September 11, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before October 31, 2007, 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 November 15, 2007.
Entered: October 1, 2007
JoAnn M. Wahl, Clerk