| BERNARD DIPIZIO V DOROTHY DIPIZIO |
| Motion No: CA 10-00368 |
| Slip Opinion No: 2010 NY Slip Op 87653(U) |
| Decided on September 30, 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: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-00368
| BERNARD DIPIZIO, PLAINTIFF-RESPONDENT, V DOROTHY DIPIZIO,
DEFENDANT-APPELLANT. |
Respondent having moved for permission to file and serve a late brief on the appeal taken herein from a judgment (Docket No. CA 10-00368) of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 17, 2009, insofar as it brings up for review the Supreme Court order entered December 10, 2008,
Now, upon reading and filing the affidavit of Patrick C. O'Reilly, Esq., sworn to September 16, 2010, the notice of motion with proof of service thereof, the affirmation of Geffrey Gismondi, Esq., dated September 24, 2010, 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 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 October 27, 2010.
Entered: September 30, 2010
Patricia L. Morgan, Clerk