| PENNY BOYEA V JAMES BENZ, III AND FEDEX GROUND PACKAGE SYSTEM, INC., - . |
| Motion No: CA 11-02378 |
| Slip Opinion No: 2010 NY Slip Op 92289(U) |
| Decided on January 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02378
| PENNY BOYEA, PLAINTIFF-RESPONDENT, V JAMES BENZ, III AND FEDEX
GROUND PACKAGE SYSTEM, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. |
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 Niagara on March 2, 2011,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to December 29, 2011, 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 on the condition that the brief is filed and served on or before February 2, 2012, 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 17, 2012.
Entered: January 12, 2010
Frances E. Cafarell, Clerk