BRANDON WILLIAM GARDNER, INDIVIDUALLY AND AS ADMINISTRATOR WITH WILL ANNEXED OF THE ESTATE OF WILLIAM G. GARDNER
Motion No: CA 10-00892
Slip Opinion No: 2010 NY Slip Op 73822(U)
Decided on May 28, 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 28, 2010

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

DOCKET NO. CA 10-00892

BRANDON WILLIAM GARDNER, INDIVIDUALLY AND AS ADMINISTRATOR

WITH WILL ANNEXED OF THE ESTATE OF WILLIAM G. GARDNER,

DECEASED, CYNTHIA ANN GARDNER, AND

RYAN J. GARDNER, CLAIMANTS-APPELLANTS,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on November 5, 2009,

Now, upon reading and filing the affirmation of Michael S. Buskus, Esq. dated May 3, 2010, the notice of motion with proof of service thereof, the affidavit of Anthony F. Endieveri, Esq. sworn to May 6, 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 June 25, 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 July 12, 2010.

Entered: May 28, 2010

Patricia L. Morgan, Clerk