KATHERINE D. KURCH AND DAVID KURCH V WAL-MART STORES, INC.
Motion No: CA 09-01475
Slip Opinion No: 2009 NY Slip Op 85301(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.


September 30, 2009

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

DOCKET NO. CA 09-01475

KATHERINE D. KURCH AND DAVID KURCH, PLAINTIFFS-RESPONDENTS,

V

WAL-MART STORES, INC., DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 19, 2009,

Now, upon reading and filing the affirmation of Spencer L. Ash dated September 15, 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 to the extent that the ordering paragraph of the order of this Court entered August 3, 2009 is hereby amended by deleting the date September 17, 2009 and inserting in its place the date October 14, 2009.

Entered: September 30, 2009

Patricia L. Morgan, Clerk