| KANSAS STATE BANK OF MANHATTAN, V HARRISVILLE VOLUNTEER FIRE DEPARTMENT, INC., AND DANKO EMERGENCY EQUIPMENT CO., |
| Motion No: CA 09-00250 |
| Slip Opinion No: 2009 NYSlipOp 63896(U) |
| Decided on February 19, 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 09-00250
| KANSAS STATE BANK OF MANHATTAN,
PLAINTIFF-RESPONDENT-APPELLANT, V HARRISVILLE VOLUNTEER FIRE DEPARTMENT, INC., AND DANKO EMERGENCY EQUIPMENT CO.,
DEFENDANTS-APPELLANTS-RESPONDENTS |
Appellant-respondents having moved for an extension of time to file and serve a reply brief on the appeal and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on October 2, 2008, and for other relief,
Now, upon reading and filing the affidavit of Julian B. Modesti sworn to February 3, 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 reply brief is filed and served on or before April 9, 2009, and the Clerk is directed to accept the reply brief for filing, and the motion is otherwise dismissed as unnecessary, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before April 24, 2009.
Entered: February 19, 2009
JoAnn M. Wahl, Clerk