| MARGARETTA FOXWORTH V JOHN JENKINS ARTHUR E. PHILLIPS |
| Motion No: CA 07-01522 |
| Slip Opinion No: 2007 NYSlipOp 79873(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 07-01522
| MARGARETTA FOXWORTH, PLAINTIFF-RESPONDENT, V JOHN JENKINS, DEFENDANT, ARTHUR E. PHILLIPS, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 7, 2007,
Now, upon reading and filing the affirmation of Randy C. Mallaber dated
September 13, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Jeanne M. Vinal sworn to September 18, 2007, 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 reply brief is filed and served on or before October 9, 2007, and the Clerk is directed to accept the brief for filing.
Entered: October 1, 2007
JoAnn M. Wahl, Clerk