JUSTIN W. FRANCIS V SUZANNE FRANCIS
Motion No: CA 09-02327
Slip Opinion No: 2009 NY Slip Op 93033(U)
Decided on December 29, 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 29, 2009

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

DOCKET NO. CA 09-02327

JUSTIN W. FRANCIS, PLAINTIFF-APPELLANT,

V

SUZANNE FRANCIS, DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from a decision of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 11, 2009,

Now, upon reading and filing the affidavit of Edward J. Markarian sworn to December 14, 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 20, 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 4, 2010.

Entered: December 29, 2009

Patricia L. Morgan, Clerk