LEONARD M. ENGLERT AND YVONNE ENGLERT V GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ., INDIVIDUALLY AND DOING

LEONARD M. ENGLERT AND YVONNE ENGLERT V GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ., INDIVIDUALLY AND DOING

Motion No: CA 08-02193

Slip Opinion No: 2008 NYSlipOp 92418(U)

Decided on December 16, 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 16, 2008

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

DOCKET NO. CA 08-02193

LEONARD M. ENGLERT AND YVONNE ENGLERT,
PLAINTIFFS-RESPONDENTS,
V
GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ.,
INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM, AS
SUCCESSORS IN INTEREST TO CELLINO AND BARNES, AND ROSS
CELLINO, INDIVIDUALLY AND AS A PARTNER IN THE LAW FIRM OF
CELLINO AND BARNES, DEFENDANTS-APPELLANTS.

Appellants having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 4, 2007,

Now, upon reading and filing the affiramtion of Mark R. Uba dated December 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 reply brief is filed and served on or before December 22, 2008, and the Clerk is directed to accept the brief for filing, and

Entered: December 16, 2008

JoAnn M. Wahl, Clerk