ABDUL AHMED V JACK G. SMITH CORP.
Motion No: CA 09-00458
Slip Opinion No: 2009 NY Slip Op 75441(U)
Decided on June 16, 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 16, 2009

PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 09-00458

ABDUL AHMED, PLAINTIFF-APPELLANT,

V

JACK G. SMITH CORP., DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a surreply brief on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 15, 2008,

Now, upon reading and filing the affidavit of Patrick W. H. Wesp sworn to May 18, 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, denied.

Entered: June 16, 2009

Patricia L. Morgan, Clerk