| PAUL A. WZONTEK V A & L, INC. |
| Motion No: CA 08-01939 |
| Slip Opinion No: 2009 NYSlipOp 60316(U) |
| Decided on January 6, 2009 |
| 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 08-01939
| PAUL A. WZONTEK, PLAINTIFF-RESPONDENT, V A & L, INC.,
DEFENDANT-APPELLANT. |
Respondent 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 Erie on September 15, 2008, and appellant having cross-moved for an extension of time to file and serve its reply brief,
Now, upon reading and filing the affirmation of Debra A. Norton dated December 19, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Johanna M. Dash sworn to September 30, 2008, the notice of cross 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 brief is filed and served on or before January 20, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the reply brief is filed and served on or before February 10, 2009, and the Clerk is directed to accept the reply brief for filing.
Entered: January 6, 2009
JoAnn M. Wahl, Clerk