DONALD BENNICE V MARGUERITE M. RANDALL AND S.T. KACZMIERCZAK
Motion No: CA 09-02068
Slip Opinion No: 2009 NY Slip Op 89707(U)
Decided on November 23, 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.


November 23, 2009

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

DOCKET NO. CA 09-02068

DONALD BENNICE, PLAINTIFF-RESPONDENT,

V

MARGUERITE M. RANDALL AND S.T. KACZMIERCZAK,

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 Chautauqua on June 10, 2009,

Now, upon reading and filing the affirmation of Elena J. Ancona dated November 13, 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 December 23, 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 January 6, 2010.

Entered: November 23, 2009

Patricia L. Morgan, Clerk