JONATHON PHIPPS V ANDREW P. MICHALAK AND NORBERT J. MICHALAK AND COUNTY OF ALLEGANY
Motion No: CA 08-00269
Slip Opinion No: 2008 NYSlipOp 74720(U)
Decided on June 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.


June 5, 2008

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

DOCKET NO. CA 08-00269

JONATHON PHIPPS, PLAINTIFF-APPELLANT,

V

ANDREW P. MICHALAK AND NORBERT J. MICHALAK,

DEFENDANTS-APPELLANTS, AND

COUNTY OF ALLEGANY, DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on May 7, 2007,

Now, upon reading and filing the affidavit of Todd C. Bushway sworn to May 28, 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 July 2, 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 July 17, 2008.

Entered: June 5, 2008

JoAnn M. Wahl, Clerk