| STEVEN KOSTYO AND KAREN KOSTYO, INDIVIDUALLY AND AS HUSBAND AND WIFE V SCHMITT AND BEHLING, LLC |
| Motion No: CA 10-01279 |
| Slip Opinion No: 2010 NY Slip Op 84860(U) |
| Decided on October 12, 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 10-01279
| STEVEN KOSTYO AND KAREN KOSTYO, INDIVIDUALLY AND AS HUSBAND AND
WIFE, PLAINTIFFS-APPELLANTS, V SCHMITT AND BEHLING, LLC, DEFENDANT-RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 31, 2009,
Now, upon reading and filing the affidavit of Stephanie G. Elliott, Esq. sworn to September 15, 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 November 12, 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 November 29, 2010.
Entered: October 12, 2010
Patricia L. Morgan, Clerk