JANICE BARTON V JENNIFER L. KOHLER AND TERRY H. KOHLER
Motion No: CA 09-00831
Slip Opinion No: 2009 NY Slip Op 90154(U)
Decided on November 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.


November 30, 2009

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

DOCKET NO. CA 09-00831

JANICE BARTON, PLAINTIFF-APPELLANT,

V

JENNIFER L. KOHLER AND TERRY H. KOHLER,

DEFENDANTS-RESPONDENTS.


Respondents 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 February 13, 2009,

Now, upon reading and filing the affirmation of Frank T. Housch dated November 12, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jeanne M. Vinal sworn to November 18, 2009, 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 22, 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 7, 2010.

Entered: November 30, 2009

Patricia L. Morgan, Clerk