| KOREY P. KUSTES V NICOLE S. CUMMINGS , AND JOSEPH SHEEHAN, JR. |
| Motion No: CA 09-01928 |
| Slip Opinion No: 2009 NY Slip Op 88346(U) |
| Decided on November 9, 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 09-01928
| KOREY P. KUSTES, PLAINTIFF-RESPONDENT, V NICOLE S. CUMMINGS, ET
AL., DEFENDANTS, AND JOSEPH SHEEHAN, JR., DEFENDANT-APPELLANT. |
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 June 3, 2009,
Now, upon reading and filing the affidavit of Rafael O. Gomez sworn to October 27, 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 30, 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 15, 2009.
Entered: November 9, 2009
Patricia L. Morgan, Clerk