MICHELLE MEYERS-KRAFT V PATRICK J. KEEM, AND BRIAN C. MASTERSON, DOING BUSINESS AS INNOVATIVE LANDSCAPES PATRICK J.
Motion No: CA 09-00371
Slip Opinion No: 2009 NYSlipOp 69132(U)
Decided on April 6, 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.


April 6, 2009

PRESENT: MARTOCHE, J.P., SMITH, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. CA 09-00371

MICHELLE MEYERS-KRAFT, PLAINTIFF-RESPONDENT,

V

PATRICK J. KEEM, AND BRIAN C. MASTERSON, DOING BUSINESS AS

INNOVATIVE LANDSCAPES, DEFENDANTS-APPELLANTS,

PATRICK J. KEEM, THIRD-PARTY

PLAINTIFF-APPELLANT-RESPONDENT,

V

JOHN E. WEISBERG, THIRD-PARTY

DEFENDANT-RESPONDENT-APPELLANT.


Plaintiff-respondent having moved for an extension of time to file and serve a brief on the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 25, 2008,

Now, upon reading and filing the affirmation of Kenneth P. Bernas dated March 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Melissa A. Day dated March 30, 2009, the opposing affirmation of Thomas E. Liptak dated April 3, 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 22, 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 May 7, 2009.

Entered: April 6, 2009

Patricia L. Morgan, Deputy Clerk