JUDE L. WATKINS V LORI L. KANIA AND PAUL M. KUSTICH
Motion No: CA 08-00711
Slip Opinion No: 2008 NYSlipOp 83934(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.


September 23, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 08-00711

JUDE L. WATKINS, PLAINTIFF-RESPONDENT,

V

LORI L. KANIA AND PAUL M. KUSTICH, DEFENDANTS-APPELLANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken by defendant Paul M. Kustich from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 24, 2008,

Now, upon reading and filing the affidavit of Mark E. Guglielmi sworn to September 3, 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 29, 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 14, 2008.

Entered: September 23, 2008

JoAnn M. Wahl, Clerk