| CHARLES TERWILLIGER AND HELEN TERWILLIGER V MAX CO., LTD AND MAX USA CORP. ET AL . |
| Motion No: CA 09-00137(CORRECTED) |
| Slip Opinion No: 2009 NYSlipOp 68361(U) |
| Decided on March 30, 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: HURLBUTT, J.P., SMITH, CENTRA, PINE AND GORSKI, JJ.
DOCKET NO. CA 09-00137(CORRECTED)
| CHARLES TERWILLIGER AND HELEN TERWILLIGER,
PLAINTIFFS-RESPONDENTS, V MAX CO., LTD AND MAX USA CORP., DEFENDANTS-APPELLANTS, ET AL
DEFENDANT. |
Respondent 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 March 26, 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 April 3, 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 20, 2009.
Entered: March 30, 2009
JoAnn M. Wahl, Clerk