People ex rel. Patterson v Ercole
Motion No: 2008-02819
Slip Opinion No: 2009 NYSlipOp 61908(U)
Decided on January 26, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81473

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-02819

The People, etc., ex rel., Edward Patterson,

appellant, v Robert Ercole, etc., et al., respondents.

(Index No. 303/08)

DECISION & ORDER ON MOTION

Motion by the respondents to adjourn the calendar date of an appeal from a judgment of the Supreme Court, Dutchess County, dated January 31, 2008, and enlarge its time to serve and file a brief, or to accept the affirmation filed in support of the motion in lieu of a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to accept the affirmation filed in support of the motion in lieu of a brief is granted; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court