PLAYTIME BOUTIQUE, INC. V PHYLLIS FRACCOLA (ACTION NO.1.)
Motion No: CA 09-02166
Slip Opinion No: 2009 NY Slip Op 90770(U)
Decided on December 7, 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.


December 7, 2009

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

DOCKET NO. CA 09-02166

PLAYTIME BOUTIQUE, INC., PLAINTIFF-APPELLANT,

V

PHYLLIS FRACCOLA, DEFENDANT-RESPONDENT.

(ACTION NO.1.)



PLAYTIME BOUTIQUE, INC., PLAINTIFF-APPELLANT,

V

PHYLLIS FRACCOLA, INDIVIDUALLY AND AS SOLE SHAREHOLDER OF

HYDRANIA, INC., DEFENDANT-RESPONDENT.

(ACTION NO. 2.)


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 Oneida on February 5, 2009,

Now, upon reading and filing the affirmation of Jay G. Williams, III dated November 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Albert G. Fraccola, Jr. sworn to December 2, 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 28, 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 12, 2010.

Entered: December 7, 2009

Patricia L. Morgan, Clerk