| STEPHEN F. BRUMMER V TOWN OF TONAWANDA . |
| Motion No: CA 06-02840 |
| Slip Opinion No: 2007 NYSlipOp 81169(U) |
| Decided on October 16, 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, CENTRA, AND PINE, JJ.
DOCKET NO. CA 06-02840
| STEPHEN F. BRUMMER, PLAINTIFF, V TOWN OF TONAWANDA, ET AL., DEFENDANTS. CHRISTOPHER A. SPENCE, P.C., APPELLANT, V THE BARNES FIRM, P.C., SUCCESSOR TO CELLINO & BARNES, RESPONDENT. |
Appellant having moved to strike respondent's 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 August 24, 2006, or in the alternative for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affidavit of Christopher A. Spence sworn to September 5, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Mark R. Uba dated September 14, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the reply brief may be filed and served on or before November 5, 2007, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied.
Entered: October 16, 2007
JoAnn M. Wahl, Clerk