| DENNIS R. CROMWELL AND BARBARA CROMWELL, V KENNETH E. HESS AND DIANA L. HESS, . |
| Motion No: CA 08-02395 |
| Slip Opinion No: 2009 NYSlipOp 68378(U) |
| Decided on April 1, 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 08-02395
| DENNIS R. CROMWELL AND BARBARA CROMWELL,
PLAINTIFFS-APPELLANTS-RESPONDENTS, V KENNETH E. HESS AND DIANA L. HESS,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Appellants-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 Erie on January 3, 2008,
Now, upon reading and filing the affidavit of John A. Collins sworn to March 20, 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 21, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before May 6, 2009.
Entered: April 1, 2009
JoAnn M. Wahl, Clerk