| IN THE MATTER OF THE ESTATE OF EUGENE JASON, DECEASED V LISA HERDMAN, NOW KNOWN AS LISA KRUE |
| Motion No: CA 09-01643 |
| Slip Opinion No: 2009 NY Slip Op 85299(U) |
| Decided on September 30, 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 09-01643
| IN THE MATTER OF THE ESTATE OF EUGENE JASON, DECEASED,
PLAINTIFF-APPELLANT, V LISA HERDMAN, NOW KNOWN AS LISA KRUE, DEFENDANT-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 Erie on December 30, 2008,
Now, upon reading and filing the affirmation of Lawrence A. Schulz dated September 14, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Mark E. Guglielmi sworn to September 24, 2009, the reply affirmation of Lawrence A. Schulz dated September 28, 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 October 8, 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 October 23, 2009.
Entered: September 30, 2009
Patricia L. Morgan, Clerk