PATRICIA TULLY V ANDERSON'S FROZEN CUSTARD, INC. PATRICIA TULLY V ANDERSON'S FROZEN CUSTARD, INC. (APPEAL NO. 2.)
Motion No: CA 09-02388
Slip Opinion No: 2010 NY Slip Op 69908(U)
Decided on April 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.


April 27, 2010

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

DOCKET NO. CA 09-02388
CA 10-00064

PATRICIA TULLY, PLAINTIFF-APPELLANT,

V

ANDERSON'S FROZEN CUSTARD, INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

PATRICIA TULLY, PLAINTIFF-APPELLANT,

V

ANDERSON'S FROZEN CUSTARD, INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 17, 2009 and December 23, 2009,

Now, upon reading and filing the affidavit of Regina A. Del Vecchio, Esq. sworn to April 14, 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 to the extent that the brief shall be filed and served on or before May 27, 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 June 11, 2010.

Entered: April 27, 2010

Patricia L. Morgan, Clerk