| CHARLES TERWILLIGER AND HELEN TERWILLIGER V MAX CO., LTD. AND MAX USA CORP. . |
| Motion No: CA 09-00137 |
| Slip Opinion No: 2009 NYSlipOp 67011(U) |
| Decided on March 13, 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 09-00137
| CHARLES TERWILLIGER AND HELEN TERWILLIGER,
PLAINTIFFS-RESPONDENTS, V MAX CO., LTD. AND MAX USA CORP., DEFENDANTS-APPELLANTS, ET AL.
DEFENDANTS. |
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 September 5, 2008,
Now, upon reading and filing the affirmation of Debra A. Norton dated February 24, 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 26, 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 10, 2009.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk