SCOTT BAKER V ESSEX HOMES OF WESTERN NEW YORK, INC.
Motion No: CA 08-00189
Slip Opinion No: 2008 NYSlipOp 67036(U)
Decided on March 17, 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.


March 17, 2008

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

DOCKET NO. CA 08-00189

SCOTT BAKER, PLAINTIFF-RESPONDENT,

V

ESSEX HOMES OF WESTERN NEW YORK, INC., DEFENDANT-APPELLANT.


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 October 12, 2007,

Now, upon reading and filing the affirmation of Andrew D. Fanizzi dated

February 29, 2008, 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 April 17, 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 May 2, 2008.

Entered: March 17, 2008

JoAnn M. Wahl, Clerk