| MILHELM ATTEA & BROS., INC. V PHILIP MORRIS USA, INC., - . |
| Motion No: CA 09-00346 |
| Slip Opinion No: 2009 NY Slip Op 92225(U) |
| Decided on December 21, 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 09-00346
| MILHELM ATTEA & BROS., INC., PLAINTIFF-APPELLANT, V PHILIP MORRIS
USA, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 January 12, 2009,
Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo dated December 8, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Gerald T. Walsh sworn to December 10, 2009, the reply affirmation of Kimberly A. Colaiacovo dated December 15, 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 January 11, 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 January 26, 2010.
Entered: December 21, 2009
Patricia L. Morgan, Clerk