| DISCOVER BANK V ELLEN S. ESCHWEGE |
| Motion No: CA 09-00641 |
| Slip Opinion No: 2009 NY Slip Op 84145(U) |
| Decided on September 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00641
| DISCOVER BANK, PLAINTIFF-RESPONDENT, V ELLEN S. ESCHWEGE,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a reply 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 August 18, 2008,
Now, upon reading and filing the affirmation of Kenneth R. Hiller dated September 8, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kevin M. Knab dated September 16, 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 reply brief is filed and served on or before October 13, 2009, and the Clerk is directed to accept the reply brief for filing.
Entered: September 21, 2009
Patricia L. Morgan, Clerk