NICKOLAS VIELE V LORRAINE VYVERBERG
Motion No: CA 10-01348
Slip Opinion No: 2010 NY Slip Op 91710(U)
Decided on December 17, 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.


December 17, 2010

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

DOCKET NO. CA 10-01348

NICKOLAS VIELE, PLAINTIFF-RESPONDENT,

V

LORRAINE VYVERBERG, DEFENDANT-APPELLANT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 5, 2010,

Now, upon reading and filing the affidavit of Robert L. Voltz, Esq. sworn to November 24, 2010, the notice of motion with proof of service thereof, and the affidavit of Joseph A. Wilson, Esq. sworn to December 6, 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 January 10, 2011, 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 January 25, 2011.

Entered: December 17, 2010

Patricia L. Morgan, Clerk