CHERYL FOLEY AND WILLIAM FOLEY V WEST-HERR AUTOMOTIVE GROUP, INC., WEST-HERR FORD, INC., AND FORD MOTOR COMPANY
Motion No: CA 08-01699
Slip Opinion No: 2008 NYSlipOp 89484(U)
Decided on November 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.


November 17, 2008

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

DOCKET NO. CA 08-01699

CHERYL FOLEY AND WILLIAM FOLEY, PLAINTIFFS-APPELLANTS,

V

WEST-HERR AUTOMOTIVE GROUP, INC., WEST-HERR FORD, INC., AND

FORD MOTOR COMPANY, DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2008,

Now, upon reading and filing the affirmation of Brian R. Hogan dated October 31, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Elizabeth M. Bergen sworn to November 12, 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 the ordering paragraph of the order of this Court entered September 9, 2008 is hereby amended by deleting the date November 3, 2008 and inserting in its place the date January 5, 2009.

Entered: November 17, 2008

JoAnn M. Wahl, Clerk