| JANICE STRUEBEL, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF MATTHEW JAMES STRUEBEL, DECEASED V GLORIA FLADD |
| Motion No: CA 09-02622 |
| Slip Opinion No: 2010 NY Slip Op 63458(U) |
| Decided on February 16, 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 09-02622
| JANICE STRUEBEL, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF
MATTHEW JAMES STRUEBEL, DECEASED, PLAINTIFF-RESPONDENT, V GLORIA FLADD AND GERALD H. WELSTED,
DEFENDANTS-APPELLANTS. |
Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 2, 2009,
Now, upon reading and filing the affidavit of Janice M. Struebel sworn to February 1, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Neil R. Sherwood sworn to February 5, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the brief must be filed and served on or before March 18, 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 April 2, 2010.
Entered: February 16, 2010
Patricia L. Morgan, Clerk