SUSAN DIETZEN AND LAWRENCE DIETZEN V ALDI INC. (NEW YORK)
Motion No: CA 08-00906
Slip Opinion No: 2008 NYSlipOp 80172(U)
Decided on August 12, 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.


August 12, 2008

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

DOCKET NO. CA 08-00906

SUSAN DIETZEN AND LAWRENCE DIETZEN, PLAINTIFFS-APPELLANTS,

V

ALDI INC. (NEW YORK), DEFENDANT-RESPONDENT.


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 Chautauqua on February 8, 2008,

Now, upon reading and filing the affidavit of Regina A. DelVecchio sworn to July 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 September 25, 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 October 10, 2008.

Entered: August 12, 2008

JoAnn M. Wahl, Clerk