| DAVID SHUMWAY AND CATHY SHUMWAY V JUSTIN KELLEY |
| Motion No: CA 10-01396 |
| Slip Opinion No: 2010 NY Slip Op 78056(U) |
| Decided on July 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01396
| DAVID SHUMWAY AND CATHY SHUMWAY, PLAINTIFFS-APPELLANTS, V
JUSTIN KELLEY, DEFENDANT-RESPONDENT. |
Respondent 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 Genesee on September 21, 2009,
Now, upon reading and filing the affidavit of Wendy A. Scott, Esq. sworn to July 9, 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 September 2, 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 September 17, 2010.
Entered: July 28, 2010
Patricia L. Morgan, Clerk