PATRICK E. BURNS V LEE A. KROENING AND ANN KROENING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT KROENING
Motion No: CA 09-01074
Slip Opinion No: 2010 NY Slip Op 62054(U)
Decided on January 25, 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.


January 25, 2010

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

DOCKET NO. CA 09-01074

PATRICK E. BURNS, PLAINTIFF-APPELLANT,

V

LEE A. KROENING AND ANN KROENING, INDIVIDUALLY AND AS

EXECUTRIX OF THE ESTATE OF ALBERT KROENING, DECEASED,

DEFENDANTS-RESPONDENTS,

AND DAVID LUPAS AND PETRU LUPAS, DEFENDANTS.


Respondent 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 Niagara on February 4, 2009,

Now, upon reading and filing the affirmation of Laurence D. Behr dated January 6, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Norman J. Lerum dated January 11, 2010, 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 February 24, 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 March 11, 2010.

Entered: January 25, 2010

Patricia L. Morgan, Clerk