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: 2011 NY Slip Op 65634(U)
Decided on March 2, 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.


March 2, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, 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.


Appellant having moved for an extension of time to file and serve a reply 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 Stephen M. Hughes, Esq. sworn to February 14, 2011, the notice of motion with proof of service thereof, the affidavit of Elizabeth G. Adymy, Esq. sworn to February 15, 2011, and the affirmation of Joseph A. Matteliano, Esq. dated February 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before March 8, 2011, and the Clerk is directed to accept the brief for filing.

Entered: March 2, 2011

Patricia L. Morgan, Clerk