STEPHEN NICHOLS, V XEROX CORPORATION, ROBERT MARA, INDIVIDUALLY AND IN HIS CAPACITY AS AN EMPLOYEE OF XEROX

STEPHEN NICHOLS, V XEROX CORPORATION, ROBERT MARA, INDIVIDUALLY AND IN HIS CAPACITY AS AN EMPLOYEE OF XEROX

Motion No: CA 09-01916

Slip Opinion No: 2009 NY Slip Op 87234(U)

Decided on October 26, 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.

October 26, 2009

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

DOCKET NO. CA 09-01916

STEPHEN NICHOLS, PLAINTIFF-APPELLANT-RESPONDENT,
V
XEROX CORPORATION, ROBERT MARA, INDIVIDUALLY AND IN HIS
CAPACITY AS AN EMPLOYEE OF XEROX CORPORATION, AND
MARIE HACK, INDIVIDUALLY AND IN HER CAPACITY AS AN EMPLOYEE
OF XEROX CORPORATION, DEFENDANTS-RESPONDENTS-APPELLANTS.

Defendants-respondents having moved for an extension of time to perfect their cross appeal and file and serve a responding brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2009,

Now, upon reading and filing the affirmation of Margaret A. Clemens dated October 14, 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 November 25, 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 December 10, 2009.

Entered: October 26, 2009

Patricia L. Morgan, Clerk