| JAMES W. SMITH V DANA WINTER |
| Motion No: CA 08-02042 |
| Slip Opinion No: 2009 NYSlipOp 68389(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: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
DOCKET NO. CA 08-02042
| JAMES W. SMITH, PLAINTIFF-RESPONDENT, V DANA WINTER,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 18, 2008,
Now, upon reading and filing the affirmation of William R. Hites dated March 10, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kimberly A. Colaiacovo dated March 26, 2009, 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 13, 2009, and the Clerk is directed to accept the brief for filing.
Entered: April 1, 2009
JoAnn M. Wahl, Clerk