| DUANE PIERI, SR., AND GALE PIERI V B & B WELCH ASSOCIATES |
| Motion No: CA 09-02328 |
| Slip Opinion No: 2009 NY Slip Op 90815(U) |
| Decided on December 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 09-02328
| DUANE PIERI, SR., AND GALE PIERI, PLAINTIFFS-RESPONDENTS, V B & B
WELCH ASSOCIATES, DEFENDANT-APPELLANT. |
Respondents having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 24, 2009,
Now, upon reading and filing the affidavit of Keith N. Bond sworn to November 25, 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 January 15, 2010, 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 February 1, 2010.
Entered: December 9, 2009
Patricia L. Morgan, Clerk