| EMILY EBERHARDT-DAVIS, V PETER J. DAVIS, . |
| Motion No: CA 09-02268 |
| Slip Opinion No: 2010 NY Slip Op 60893(U) |
| Decided on January 5, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02268
| EMILY EBERHARDT-DAVIS, PLAINTIFF-RESPONDENT-APPELLANT, V
PETER J. DAVIS, DEFENDANT-APPELLANT-RESPONDENT. |
Appellant-respondent having moved for an extension of time to file and serve a reply brief on the appeal and cross appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 30, 2009, and respondent-appellant having cross-moved to vacate the dismissal of her cross appeal,
Now, upon reading and filing the affidavit of John A. Collins sworn to December 17, 2009, the notice of motion with proof of service thereof, the notice of cross 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 reply brief is filed and served on or before January 19, 2010, and the Clerk is directed to accept the reply brief for filing, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before February 2, 2010, and
It is further ORDERED that the cross motion be, and the same hereby is, granted, and the brief of respondent is accepted as the brief of respondent-appellant, nunc pro tunc.
Entered: January 5, 2010
Patricia L. Morgan, Clerk