| CLIFFORD B. PHILIPS, JR. V DAVID C. ELLSWORTH . |
| Motion No: CA 09-00696 |
| Slip Opinion No: 2009 NY Slip Op 83250(U) |
| Decided on September 9, 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. |
PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.
DOCKET NO. CA 09-00696
| CLIFFORD B. PHILIPS, JR., ET AL., PLAINTIFFS, V DAVID C. ELLSWORTH,
ET AL., DEFENDANTS. JARROD W. SMITH, APPELLANT; MEVEC & COGNETTI, RESPONDENT. |
Respondent 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 Oswego on July 1, 2008,
Now, upon reading and filing the affidavit of Ralph A. Cognetti sworn to August 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael W. Harris sworn to September 1, 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 September 11, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's attorney shall not be allotted oral argument.
Entered: September 9, 2009
Patricia L. Morgan, Clerk