| MARGARETTA FOXWORTH V JOHN JENKINS AND ARTHUR E. PHILLIPS |
| Motion No: CA 08-01177 |
| Slip Opinion No: 2008 NYSlipOp 83927(U) |
| Decided on September 23, 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 08-01177
| MARGARETTA FOXWORTH, PLAINTIFF-RESPONDENT, V JOHN JENKINS,
DEFENDANT, AND ARTHUR E. PHILLIPS, DEFENDANT-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 March 12, 2008,
Now, upon reading and filing the affidavit of Jeanne M. Vinal sworn to September 8, 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 October 10, 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 27, 2008.
Entered: September 23, 2008
JoAnn M. Wahl, Clerk