| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE V STATE OF NEW YORK, ELIOT SPITZER, AS ATTORNEY GENERAL OF STATE OF NEW YORK |
| Motion No: CA 07-02540 |
| Slip Opinion No: 2007 NYSlipOp 87754(U) |
| Decided on December 31, 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 07-02540
| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V STATE OF NEW YORK, ELIOT SPITZER, AS ATTORNEY GENERAL OF STATE OF NEW YORK AND DAVID WEINSTEIN, AS
ASSISTANT ATTORNEY GENERAL, DEFENDANTS-APPELLANTS. |
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 Erie on February 20, 2007,
Now, upon reading and filing the affirmation of Margaret A. Murphy dated
December 20, 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 February 6, 2008, 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 February 21, 2008.
Entered: December 31, 2007
JoAnn M. Wahl, Clerk