| ESTHER L. MILLER AND KENNETH B. MILLER V THE PIKE COMPANY, INC., - , DANIEL BOOTH, INDIVIDUALLY AND DOING BUSINESS AS |
| Motion No: CA 08-00168 |
| Slip Opinion No: 2008 NYSlipOp 66143(U) |
| Decided on March 5, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00168
| ESTHER L. MILLER AND KENNETH B. MILLER,
PLAINTIFFS-RESPONDENTS, V THE PIKE COMPANY, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS, DANIEL BOOTH, INDIVIDUALLY
AND DOING BUSINESS AS "D & R PAVING", WAL-MART STORES, INC., AND WAL-MART REAL BUSINESS TRUST,
DEFENDANTS-RESPONDENTS. |
Plaintiffs-respondents and defendant-respondent Booth having moved for an extension of time to file and serve briefs on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on September 26, 2007,
Now, upon reading and filing the affidavit of Leighton R. Burns dated February 22, 2008, the affidavits of Terese P. Burke sworn to February 26, 2008, the notices of motion with proof of service thereof, the affidavits of Michael P. Cavanagh sworn to February 29, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted on condition that the briefs are filed and served on or before March 12, 2008, and the Clerk is directed to accept the briefs for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 27, 2008.
Entered: March 5, 2008
JoAnn M. Wahl, Clerk