| JOHN MERGENHAGEN, V DISH NETWORK SERVICE LLC, AND DISH NETWORK SERVICE CORPORATION, . |
| Motion No: CA 09-00023 |
| Slip Opinion No: 2009 NYSlipOp 64793(U) |
| Decided on February 23, 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 09-00023
| JOHN MERGENHAGEN, PLAINTIFF-RESPONDENT-APPELLANT, V DISH
NETWORK SERVICE LLC, AND DISH NETWORK SERVICE CORPORATION,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Respondent-appellant having moved for an extension of time to file and serve a 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 Erie on June 10, 2008,
Now, upon reading and filing the affidavit of John A. Collins sworn to February 5, 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 March 25, 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 April 9, 2009.
Entered: February 23, 2009
JoAnn M. Wahl, Clerk