| JAMES KORTHAS AND CHRISTINE KORTHAS V U.S. FOODSERVICE, INC. DOING BUSINESS AS FOODSERVICE OF BUFFALO, INC. |
| Motion No: CA 08-02435 |
| Slip Opinion No: 2009 NYSlipOp 62180(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. |
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 BUFFALO, 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 January 13, 2009, the notice of motion with proof of service thereof, the affidavit of Kevin M. Hayden sworn to January 15, 2009, 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 30, 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 17, 2009.
Entered: January 16, 2009
JoAnn M. Wahl, Clerk