| JAN EBERLE V THOMAS F. HUGHES, III, M.D. , RITE AID OF NEW YORK, INC., AND THOMAS SIEJKA |
| Motion No: CA 09-01908 |
| Slip Opinion No: 2010 NY Slip Op 70534(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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-01908
| JAN EBERLE, PLAINTIFF-RESPONDENT, V THOMAS F. HUGHES, III, M.D., ET
AL., DEFENDANTS, RITE AID OF NEW YORK, INC., AND THOMAS SIEJKA, DEFENDANTS-APPELLANTS. |
Respondent having moved for an extension of time to file and serve a brief and appellants having cross-moved to expedite the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 9, 2009,
Now, upon reading and filing the affirmation of Debra A. Norton, Esq. dated April 23, 2010, the affirmation of Christopher E. Wilkens, Esq. dated April 26, 2010, the notice of motion and the notice of cross motion with proof of service thereof, the affirmation of Debra A. Norton, Esq. dated April 30, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion by respondent for an extension of time to file and serve a brief is granted on condition that the brief is filed and served on or before May 26, 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 10, 2010, and
It is further ORDERED that the cross motion is denied.
Entered: May 5, 2010
Patricia L. Morgan, Clerk