| NANCE CONRAD AND DAVID CONRAD, INDIVIDUALLY AND AS HUSBAND AND WIFE, V KIPPHUT & NEUMANN COMPANY, INC., . |
| Motion No: CA 08-00117 |
| Slip Opinion No: 2008 NYSlipOp 67041(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00117
| NANCE CONRAD AND DAVID CONRAD, INDIVIDUALLY AND AS HUSBAND AND
WIFE, PLAINTIFFS-RESPONDENTS-APPELLANTS, V KIPPHUT & NEUMANN COMPANY, INC.,
DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiffs having moved for an extension of time to file and serve their responding brief and to perfect the cross appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 11, 2007,
Now, upon reading and filing the affirmation of Lawrence A. Schulz dated
March 4, 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 and plaintiffs shall file and serve their brief on or before May 23, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 9, 2008.
Entered: March 17, 2008
JoAnn M. Wahl, Clerk