| MEG H. COVERT AND DARBY COVERT V RANA SAMUEL AND SAM J. SAMUEL |
| Motion No: CA 08-01725 |
| Slip Opinion No: 2008 NYSlipOp 83437(U) |
| Decided on September 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 08-01725
| MEG H. COVERT AND DARBY COVERT, PLAINTIFFS-RESPONDENTS, V
RANA SAMUEL AND SAM J. SAMUEL, DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 29, 2007, on the ground that the appeal is moot, or in the alternative, for an extension of time to file and serve their brief,
Now, upon reading and filing the affidavit of John A. Collins sworn to August 26, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Victor M. Wright sworn to September 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that respondents shall file and serve their brief on or before October 16, 2008, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied without prejudice to respondents' raising the issue of mootness in their brief and at oral argument..
Entered: September 17, 2008
JoAnn M. Wahl, Clerk