DANIEL GARDNER V TOWN OF TONAWANDA, TOWN OF TONAWANDA RECREATION DEPARTMENT, AND DOME FOOTBALL LEAGUE
Motion No: CA 07-01719
Slip Opinion No: 2007 NYSlipOp 80405(U)
Decided on October 9, 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 9, 2007

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

DOCKET NO. CA 07-01719

DANIEL GARDNER, PLAINTIFF-RESPONDENT,
V
TOWN OF TONAWANDA, TOWN OF TONAWANDA RECREATION DEPARTMENT,
AND DOME FOOTBALL LEAGUE, DEFENDANTS-APPELLANTS.

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 Erie on January 24, 2007,

Now, upon reading and filing the affidavit of Philip A. Milch sworn to

September 12, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Ryan J. Mills dated September 20, 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 brief is filed and served on or before October 29, 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 13, 2007.

Entered: October 9, 2007

JoAnn M. Wahl, Clerk