JOHN GREY AND JENNIFER GREY V FIRST BAPTIST CHURCH OF OLEAN, ALSO KNOWN AS FIRST BAPTIST CHURCH CHRISTIAN C. HENZEL AND
Motion No: NOS. CA 08-01668 AND CA 08-01636
Slip Opinion No: 2008 NYSlipOp 91651(U)
Decided on December 8, 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.


December 8, 2008

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

DOCKET NOS. CA 08-01668 AND CA 08-01636

JOHN GREY AND JENNIFER GREY, PLAINTIFFS-APPELLANTS,

V

FIRST BAPTIST CHURCH OF OLEAN, ALSO KNOWN AS FIRST BAPTIST

CHURCH, DEFENDANT-APPELLANT, CHRISTIAN C. HENZEL AND

CATHERINE M. MALEY, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)



JOHN S. GREY AND JENNIFER L. GREY, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

FIRST BAPTIST CHURCH OF OLEAN, ALSO KNOWN AS FIRST BAPTIST CHURCH, DEFENDANT-APPELLANT-RESPONDENT, CHRISTIAN C. HENZEL AND CATHERINE M. MALEY, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Defendant First Baptist Church of Olean having moved for an extension of time to file and serve a reply brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on October 2, 2007 and November 13, 2007,

Now, upon reading and filing the affidavit of Michelle M. Westerman sworn to November 14, 2008, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Shane sworn to November 18, 2008, 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 reply brief is filed and served on or before December 17, 2008, and the Clerk is directed to accept the reply brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before January 5, 2009.

Entered: December 8, 2008

JoAnn M. Wahl, Clerk