| COLLEEN O'BRIEN, V LARRY J. BAINBRIDGE AND FEDEX GROUND PACKAGE SYSTEMS, INC., . |
| Motion No: NOS. CA 11-00320 AND CA 11-00322 |
| Slip Opinion No: 2011 NY Slip Op 75685(U) |
| Decided on June 9, 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 NOS. CA 11-00320 AND CA 11-00322
| COLLEEN O'BRIEN, PLAINTIFF-RESPONDENT-APPELLANT, V LARRY J.
BAINBRIDGE AND FEDEX GROUND PACKAGE SYSTEMS, INC., DEFENDANTS-APPELLANTS-RESPONDENTS. |
Plaintiff having moved for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2010, and for an extension of time to file and serve a brief in response to defendants' appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2010, and November 22, 2010,
Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to May 19, 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 and plaintiff shall perfect the cross appeal on or before July 11, 2011, and, in the event of failure to so perfect, plaintiff's cross appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a brief is granted on condition that the brief is filed and served on or before July 11, 2011, and the Clerk is directed to accept the brief for filing.
Entered: June 9, 2011
Patricia L. Morgan, Clerk