GARY BERGER, INDIVIDUALLY, AND AS FATHER AND NATURAL GUARDIAN OF KATHRYN BERGER, AN INFANT V TERESA A. HENDERSON AND
Motion No: CA 11-00332
Slip Opinion No: 2011 NY Slip Op 70023(U)
Decided on April 13, 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.


April 13, 2011

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00332

GARY BERGER, INDIVIDUALLY, AND AS FATHER AND NATURAL

GUARDIAN OF KATHRYN BERGER, AN INFANT,

PLAINTIFF-RESPONDENT,

V

TERESA A. HENDERSON AND WALTER R. HENDERSON,

DEFENDANTS-RESPONDENTS,

THE BUFFALO NEWS, INC., DEFENDANT-APPELLANT.


Respondent Gary Berger 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 December 16, 2010,

Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to March 22, 2011, the notice of motion with proof of service thereof, and the affidavit of Adam C. Ferrandino, Esq. sworn to March 25, 2011, 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 April 25, 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 May 10, 2011.

Entered: April 13, 2011

Patricia L. Morgan, Clerk