DOUGLAS J. CURELLA AND DARLENE CURELLA V TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT AND DAVID M. PETRIE
Motion No: CA 10-00614
Slip Opinion No: 2010 NY Slip Op 70531(U)
Decided on May 5, 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.


May 5, 2010

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

DOCKET NO. CA 10-00614

DOUGLAS J. CURELLA AND DARLENE CURELLA,

PLAINTIFFS-RESPONDENTS,

V

TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT AND

DAVID M. PETRIE, DEFENDANTS-APPELLANTS.


Respondents 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 September 23, 2010,

Now, upon reading and filing the affidavit of John A. Collins, 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 on condition that the brief is filed and served on or before June 4, 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 21, 2010.

Entered: May 5, 2010

Patricia L. Morgan, Clerk