JASON COOK V DENNIS P. KENNEY AND GERALDINE M. KENNEY
Motion No: CA 08-02555
Slip Opinion No: 2009 NYSlipOp 61550(U)
Decided on January 21, 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.


January 21, 2009

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

DOCKET NO. CA 08-02555

JASON COOK, PLAINTIFF-RESPONDENT,

V

DENNIS P. KENNEY AND GERALDINE M. KENNEY,

DEFENDANTS-APPELLANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 19, 2008,

Now, upon reading and filing the affidavit of Robert L. Marinelli sworn to January 2, 2009, 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 brief is filed and served on or before February 20, 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 March 9, 2009.

Entered: January 21, 2009

JoAnn M. Wahl, Clerk