SHEILA WILKOWSKI V BIG LOTS STORES, INC., SOUTH OGDEN ASSOCIATES, DONALD H. SMITH, DOING BUSINESS AS SOUTH OGDEN
Motion No: CA 08-01233
Slip Opinion No: 2009 NY Slip Op 79410(U)
Decided on July 28, 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 28, 2009

PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, CARNI, AND PINE, JJ.

DOCKET NO. CA 08-01233

SHEILA WILKOWSKI, PLAINTIFF-APPELLANT,

V

BIG LOTS STORES, INC., SOUTH OGDEN ASSOCIATES,

DONALD H. SMITH, DOING BUSINESS AS SOUTH OGDEN ASSOCIATES,

GARY S. SMITH, DOING BUSINESS AS SOUTH OGDEN ASSOCIATES AND

HAROLD J. SMITH, DOING BUSINESS AS SOUTH OGDEN ASSOCIATES,

DEFENDANTS-RESPONDENTS.


Respondent Big Lots Stores, Inc. 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 Erie on May 5, 2008,

Now, upon reading and filing the affidavit of Michael L. Amodeo sworn to July 1, 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 August 17, 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 2, 2009.

Entered: July 28, 2009

Patricia L. Morgan, Clerk