DIANE MARTINEZ V CHARLES D. DUNKEL
Motion No: CA 10-00370
Slip Opinion No: 2010 NY Slip Op 83110(U)
Decided on September 22, 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.


September 22, 2010

PRESENT: SCUDDER, P. J., SMITH, GREEN, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-00370

DIANE MARTINEZ, PLAINTIFF-RESPONDENT,

V

CHARLES D. DUNKEL, DEFENDANT-APPELLANT.


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 Erie on January 5, 2010,

Now, upon reading and filing the affirmation of Paul R. Didio, Esq. dated September 7, 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 the condition that the brief is filed and served on or before October 7, 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 October 22, 2010.

Entered: September 22, 2010

Patricia L. Morgan, Clerk