| NICK MALKIN AND ZINA MALKINA V MARISA LYN BANKS , ALYSSA Z. BENSON AND MARIA GIANNINO |
| Motion No: CA 10-02316 |
| Slip Opinion No: 2011 NY Slip Op 62429(U) |
| Decided on January 24, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02316
| NICK MALKIN AND ZINA MALKINA, PLAINTIFFS-RESPONDENTS, V
MARISA LYN BANKS, ET AL., DEFENDANTS, ALYSSA Z. BENSON AND MARIA GIANNINO, DEFENDANTS-APPELLANTS. |
Respondents 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 February 18, 2010,
Now, upon reading and filing the affidavit of Charles S. Desmond, II, Esq. sworn to December 22, 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 on the condition that the brief is filed and served on or before February 14, 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 March 1, 2011.
Entered: January 24, 2011
Patricia L. Morgan, Clerk