JAMES KORTHAS AND CHRISTINE KORTHAS V U.S. FOODSERVICE, INC. DOING BUSINESS AS FOODSERVICE OF BUFFAALO, INC.
Motion No: CA 08-02435
Slip Opinion No: 2008 NYSlipOp 93472(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.


December 31, 2008

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

DOCKET NO. CA 08-02435

JAMES KORTHAS AND CHRISTINE KORTHAS,

PLAINTIFFS-RESPONDENTS,

V

U.S. FOODSERVICE, INC. DOING BUSINESS AS FOODSERVICE OF

BUFFAALO, INC., DEFENDANT-APPELLANT.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on July 7, 2008,

Now, upon reading and filing the affirmation of Patricia A. Lynn-Ford dated December 16, 2008, the notice of motion with proof of service thereof, the affidavit of Kevin M. Hayden sworn to December 22, 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 15, 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 January 30, 2009.

Entered: December 31, 2008

JoAnn M. Wahl, Clerk