MARY HERBST AND JEFFREY HERBST V MARK MARSHALL (ACTION NO. 1.)
Motion No: CA 07-00243
Slip Opinion No: 2007 NYSlipOp 79878(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.


October 1, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-00243

MARY HERBST AND JEFFREY HERBST, PLAINTIFFS-RESPONDENTS,
V
MARK MARSHALL, DEFENDANT-APPELLANT.
(ACTION NO. 1.)


MARY HERBST AND JEFFREY HERBST, PLAINTIFFS-RESPONDENTS,
V
KENNETH F. GOULDING, DEFENDANT-RESPONDENT.
(ACTION NO. 3.)

Plaintiffs-respondents 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 Niagara on October 25, 2006,

Now, upon reading and filing the affirmation of Debra A. Norton dated

September 14, 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 10, 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 October 25, 2007.

Entered: October 1, 2007

JoAnn M. Wahl, Clerk