DISCOVER BANK V ELLEN S. ESCHWEGE
Motion No: CA 09-00641
Slip Opinion No: 2009 NY Slip Op 74779(U)
Decided on June 8, 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.


June 8, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00641

DISCOVER BANK, PLAINTIFF-RESPONDENT,

V

ELLEN S. ESCHWEGE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2008,

Now, upon reading and filing the affirmation of Kenneth R. Hiller dated May 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kevin M. Knab dated June 3, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered April 27, 2009 is hereby amended by deleting the date June 8, 2009 and inserting in its place the date August 7, 2009.

Entered: June 8, 2009

Patricia L. Morgan, Clerk