| PATRICIA IKEDA, V DANIELLE M. TEDESCO AND JAMES R. TEDESCO, . |
| Motion No: CA 10-02480 |
| Slip Opinion No: 2011 NY Slip Op 70027(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. |
PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-02480
| PATRICIA IKEDA, PLAINTIFF-APPELLANT-RESPONDENT, V DANIELLE M.
TEDESCO AND JAMES R. TEDESCO, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to vacate the dismissal of their cross appeal, to extend their time to perfect the cross appeal, and to consolidate their cross appeal with appellant's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 18, 2010,
Now, upon reading and filing the affidavit of Lisa M. Robinson, Esq. sworn to March 8, 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 defendants file and serve their brief in support of their cross appeal on or before May 9, 2011, in which case the Clerk shall accept the brief for filing, and
It is further ORDERED that plaintiff shall file and serve a respondent's brief on the cross appeal on or before June 16, 2011, and
It is further ORDERED that the appeal shall be removed from this Court's day calendar for May 17, 2011, and added to the calendar for the term of this Court commencing September 6, 2011.
Entered: April 13, 2011
Patricia L. Morgan, Clerk