TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J. SCHOSEK, DECEASED, AND KELLY SCHOSEK, AS ADMINISTRATOR OF THE

TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J. SCHOSEK, DECEASED, AND KELLY SCHOSEK, AS ADMINISTRATOR OF THE

Motion No: NOS. CA 07-00928 AND CA 07-01119

Slip Opinion No: 2008 NYSlipOp 61823(U)

Decided on January 23, 2008

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.

January 23, 2008

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

DOCKET NOS. CA 07-00928 AND CA 07-01119

TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J. SCHOSEK, DECEASED, AND KELLY SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF CAROL L. SCHOSEK, DECEASED, PLAINTIFFS-APPELLANTS,
V
AMHERST PAVING, INC. AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS.

TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J.
SCHOSEK, DECEASED, PLAINTIFF, AND KELLY SCHOSEK, AS
ADMINISTRATRIX OF THE ESTATE OF JESSE SCHOSEK, DECEASED,
PLAINTIFF-APPELLANT,
V
AMHERST PAVING INC., DEFENDANT-RESPONDENT,
ET AL., DEFENDANT,

Appellants having moved for an extension of time to file and serve a reply brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 26, 2007 and April 19, 2007,

Now, upon reading and filing the affidavit of Michael G. Cooper sworn to

January 3, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Brian A. MacDonald sworn to January 14, 2008, 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 1, 2008, and the Clerk is directed to accept the brief for filing.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk