| CEDRIC SMITH AND DEBORAH SWANSON-SMITH V PICONE CONSTRUCTION CORPORATION |
| Motion No: CA 09-00127(AMENDED) |
| Slip Opinion No: 2009 NYSlipOp 63894(U) |
| Decided on February 18, 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 09-00127(AMENDED)
| CEDRIC SMITH AND DEBORAH SWANSON-SMITH,
PLAINTIFFS-RESPONDENTS, V PICONE CONSTRUCTION CORPORATION, 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 Erie on October 16, 2008,
Now, upon reading and filing the affirmation of Alan D. Voos dated January 28, 2009, the notice of motion with proof of service thereof, the affirmation of Michael J. Chmiel dated February 3, 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 March 5, 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 20, 2009.
Entered: February 18, 2009
JoAnn M. Wahl, Clerk