NICOLE HERNANDEZ, AS ADMINISTRATRIX OF THE ESTATE OF CHARLES M. LEE, JR., DECEASED, AND AS PARENT AND NATURAL GUARDIAN
Motion No: CA 10-01296
Slip Opinion No: 2010 NY Slip Op 91867(U)
Decided on December 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.


December 28, 2010

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

DOCKET NO. CA 10-01296

NICOLE HERNANDEZ, AS ADMINISTRATRIX OF THE ESTATE OF

CHARLES M. LEE, JR., DECEASED, AND AS PARENT AND NATURAL

GUARDIAN OF THE PERSON AND PROPERTY OF MATTHEW LEE, AN

INFANT, PLAINTIFF-APPELLANT,

V

TOWN OF HAMBURG, MARK O. PATTON, INDIVIDUALLY AND DOING

BUSINESS AS PATTON PLUMBING,

MCALLISTER PLUMBING & HEATING, INC., AND

SAED INC., DOING BUSINESS AS DOCTOR BACKFLOW PLUMBING,

DEFENDANTS-RESPONDENTS.


Respondent Town of Hamburg 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 March 2, 2010,

Now, upon reading and filing the affidavit of Emily L. Downing, Esq. sworn to December 7, 2010, and 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 January 31, 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 February 15, 2011.

Entered: December 28, 2010

Patricia L. Morgan, Clerk