STANLEY E. KALWARA V SAMUEL L. LAMANNA . SAMUEL L. LAMANNA AND CYNTHIA LAMANNA, - V KENNETH FASOLO, ALSO KNOWN AS
Motion No: CA 08-02282
Slip Opinion No: 2009 NY Slip Op 78845(U)
Decided on July 21, 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 21, 2009

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

DOCKET NO. CA 08-02282

STANLEY E. KALWARA, PLAINTIFF,

V

SAMUEL L. LAMANNA, ET AL., DEFENDANTS.

SAMUEL L. LAMANNA AND CYNTHIA LAMANNA, THIRD-PARTY

PLAINTIFFS-RESPONDENTS,

V

KENNETH FASOLO, ALSO KNOWN AS KENNETH F. FASOLO, SR., ET AL.,

THIRD-PARTY DEFENDANTS, AND ABN AMRO MORTGAGE GROUP, INC.,

THIRD-PARTY DEFENDANT-APPELLANT.


Third-party defendant-respondent having moved for an extension of time to file and serve a 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 Oneida on February 1, 2008,

Now, upon reading and filing the affidavit of Patrick B. Sardino sworn to June 30, 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, granted on condition that the brief is filed and served on or before September 2, 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 17, 2009.

Entered: July 21, 2009

Patricia L. Morgan, Clerk