| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO, DECEASED V M & S HOTELS, LLC , DEC MANAGEMENT, INC. |
| Motion No: CA 09-01410 |
| Slip Opinion No: 2009 NY Slip Op 87256(U) |
| Decided on October 27, 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 09-01410
| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO,
DECEASED, PLAINTIFF-RESPONDENT, V M & S HOTELS, LLC, ET AL., DEFENDANTS, DEC MANAGEMENT, INC., AND MICHAEL THOMAS,
DEFENDANTS-APPELLANTS. |
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 March 5, 2009, and appellants having cross-moved to reschedule oral argument of the appeal,
Now, upon reading and filing the affirmation of Patricia A. Lynn-Ford dated October 7, 2009, the notice of motion with proof of service thereof, the affidavit of Maurice L. Sykes sworn to October 14, 2009 the notice of cross 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 December 9, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, granted, and the appeal is removed from the calendar for the term of this Court commencing January 19, 2010 and added to the calendar for the term of this Court commencing February 22, 2010.
Entered: October 27, 2009
Patricia L. Morgan, Clerk