VICKIE GOLISANO AND THOMAS A. GOLISANO V KEELER CONSTRUCTION CO., INC. AND UPSTATE UTILITIES, INC.
Motion No: CA 09-02226
Slip Opinion No: 2010 NY Slip Op 62629(U)
Decided on January 27, 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 27, 2010

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

DOCKET NO. CA 09-02226

VICKIE GOLISANO AND THOMAS A. GOLISANO,

PLAINTIFFS-RESPONDENTS,

V

KEELER CONSTRUCTION CO., INC. AND UPSTATE UTILITIES, INC.,

DEFENDANTS-APPELLANTS.


Appellant Upstate Utilities Inc., having moved for leave to file a replacement brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on February 6, 2009,

Now, upon reading and filing the affidavit of Maureen G. Fatcheric sworn to January 12, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall file corrected briefs to replace the briefs filed January 5, 2010, together with proof of service, on or before February 8, 2010.

Entered: January 27, 2010

Patricia L. Morgan, Clerk