| LARRY C. HOLLY AND SANDRA HOLLY V COUNTY OF CHAUTAUQUA AND E.E. AUSTIN & SON, INC. |
| Motion No: CA 08-02453 |
| Slip Opinion No: 2008 NYSlipOp 93469(U) |
| Decided on December 31, 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 08-02453
| LARRY C. HOLLY AND SANDRA HOLLY, PLAINTIFFS-RESPONDENTS, V
COUNTY OF CHAUTAUQUA AND E.E. AUSTIN & SON, INC., DEFENDANTS-APPELLANTS. |
Respondents having moved for an extension of time to file and serve a brief on the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on April 30, 2008,
Now, upon reading and filing the affidavit of John A. Collins sworn to December 16, 2008, the notice of motion with proof of service thereof, the affirmation of Ryan K. Cammings dated December 23, 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 brief is filed and served on or before January 29, 2009, 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 February 13, 2009.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk