IN THE MATTER OF MICHAEL DESIDERIO, JR., INDIVIDUALLY AND AS SOLE OFFICER AND SHAREHOLDER OF M & S OF WEST SENECA, INC.
Motion No: CA 07-02681
Slip Opinion No: 2008 NYSlipOp 68286(U)
Decided on April 1, 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.


April 1, 2008

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

DOCKET NO. CA 07-02681

IN THE MATTER OF MICHAEL DESIDERIO, JR., INDIVIDUALLY AND

AS SOLE OFFICER AND SHAREHOLDER OF M & S OF WEST SENECA,

INC., PETITIONERS-RESPONDENTS,

V

NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT-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 September 12, 2007,

Now, upon reading and filing the affidavit of Michael J. Stachowski sworn to

March 19, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mark D. Frering dated March 24, 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 April 30, 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 15, 2008.

Entered: April 1, 2008

JoAnn M. Wahl, Clerk