| DAVID J. SMITH V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS |
| Motion No: CA 09-01804 |
| Slip Opinion No: 2010 NY Slip Op 62075(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-01804
| DAVID J. SMITH, PLAINTIFF-RESPONDENT, V NIAGARA FRONTIER
TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS, DEFENDANTS-APPELLANTS. |
Respondent having moved to adjourn oral argument on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2008,
Now, upon reading and filing the affidavit of Eugene C. Tenney sworn to December 24, 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, and the scheduling order entered herein is amended to provide that the appeal be placed on the calendar for the term of Court commencing May 17, 2010.
Entered: January 25, 2010
Patricia L. Morgan, Clerk