LENO W. GEE V M & T BANK, MARK HOGAN, AND CITIBANK
Motion No: CA 08-01973
Slip Opinion No: 2009 NY Slip Op 78739(U)
Decided on July 14, 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.


July 14, 2009

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

DOCKET NO. CA 08-01973

LENO W. GEE, PLAINTIFF-APPELLANT,

V

M & T BANK, MARK HOGAN, AND CITIBANK,

DEFENDANTS-RESPONDENTS.


Respondents M & T Bank and Mark Hogan having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 10, 2008,

Now, upon reading and filing the affirmation of Julia M. Hilliker dated June 30, 2009, the notice of motion with proof of service thereof, the opposing statement of Leno W. Gee dated July 5, 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 August 31, 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 September 15, 2009.

Entered: July 14, 2009

Patricia L. Morgan, Clerk