RICHARD G. KUITERS, MARY E. KUITERS, LINDA LEWIS, BRUCE J. ABBEY AND LINDA R. ABBEY V DAVID KUKULKA, LIZABETH KUKULKA
Motion No: CA 08-01479
Slip Opinion No: 2008 NYSlipOp 80689(U)
Decided on August 19, 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 19, 2008

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

DOCKET NO. CA 08-01479

RICHARD G. KUITERS, MARY E. KUITERS, LINDA LEWIS,

BRUCE J. ABBEY AND LINDA R. ABBEY, PLAINTIFFS-RESPONDENTS,

V

DAVID KUKULKA, LIZABETH KUKULKA, DEFENDANTS-APPELLANTS, ET

AL, DEFENDANTS.


Respondents 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 Herkimer on February 29, 2008,

Now, upon reading and filing the affidavit of Donald R. Gerace sworn to August 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 on condition that the brief is filed and served on or before September 18, 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 3, 2008.

Entered: August 19, 2008

JoAnn M. Wahl, Clerk