| EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN OF PERSON AND PROPERTY OF ROY A. HARTOCK V NASH-CAR SALES & |
| Motion No: CA 10-00871 |
| Slip Opinion No: 2011 NY Slip Op 61746(U) |
| Decided on January 19, 2011 |
| 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., CARNI, SCONIERS, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 10-00871
DOCKET NO. CA 10-00872
| EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN OF PERSON
AND PROPERTY OF ROY A. HARTOCK, PLAINTIFF-APPELLANT, V NASH-CAR SALES & SERVICE AND E. DAVID NASHWINTER,
DEFENDANTS-RESPONDENTS, ROBERT T. SCACCIA, JULIE'S SEABREEZE RESTAURANT, JULIE FLETCHER, DEBORAH S. TEE, JOHNSON'S CREEK
RESTAURANT AND DEANNA STACEY MAXWELL, DEFENDANTS. (APPEAL NO. 1.) EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN
OF THE PERSON AND PROPERTY OF ROY A. HARTSOCK, PLAINTIFF, V ROBERT T. SCACCIA, DEFENDANT-APPELLANT, NASH-CAR SALES &
SERVICE AND E. DAVID NASHWINTER, DEFENDANTS-RESPONDENTS, JULIE'S SEABREEZE RESTAURANT, ET AL., DEFENDANTS. (APPEAL NO.
2.) |
Defendants-respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 29, 2009, and February 8, 2010,
Now, upon reading and filing the affidavit of Michael B. Dixon, Esq. sworn to December 20, 2010, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq. sworn to December 22, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered December 9, 2010, is hereby amended by deleting the date December 29, 2010, and inserting in its place the date January 31, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered December 9, 2010, is hereby amended by deleting the date January 13, 2011, and inserting in its place the date February 15, 2011, and
It is further ORDERED that the appeals are removed from the day calendar of this Court for January 25, 2011, and added to the calendar for the term of this Court commencing February 28, 2011.
Entered: January 19, 2011
Patricia L. Morgan, Clerk