MICHELLE EDGETT, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF KIYA EDGETT, AN INFANT, AND CHRISTINA JAQUAY, V
Motion No: CA 09-02526
Slip Opinion No: 2010 NY Slip Op 65172(U)
Decided on March 2, 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.


March 2, 2010

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 09-02526

MICHELLE EDGETT, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF KIYA EDGETT, AN INFANT, AND

CHRISTINA JAQUAY, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

NORTH FORK BANK, ET AL., DEFENDANTS,

NORTHWAY EXCHANGE AUTO AUCTION,

RESPONDENT-APPELLANT-RESPONDENT,

NORTH FORK BANK, THIRD-PARTY PLAINTIFF-RESPONDENT,

V

KACR, INC., ET AL., DEFENDANTS,

NORTHWAY EXCHANGE AUTO AUCTION, THIRD-PARTY

DEFENDANT-APPELLANT.


Respondent North Fork Bank 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 Herkimer on February 17, 2009,

Now, upon reading and filing the affirmation of Paul E. Wagner dated February 10, 2010, the affidavit of Eleanor J. McCloskey sworn to February 10, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Beth S. Gereg dated February 18, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before March 9, 2010, and the Clerk is directed to accept the brief for filing.

Entered: March 2, 2010

Patricia L. Morgan, Clerk