| MICHELLE L. DUKE V BRIAN A. DUKE |
| Motion No: CA 10-01871 |
| Slip Opinion No: 2012 NY Slip Op 64415(U) |
| Decided on February 14, 2012 |
| 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 10-01871
| MICHELLE L. DUKE, PLAINTIFF-RESPONDENT, V BRIAN A. DUKE,
DEFENDANT-APPELLANT. |
Respondent 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 March 25, 2010,
Now, upon reading and filing the affirmation of Jonathan Schapp, Esq., dated January 27, 2012, the notice of motion with proof of service thereof, the affidavit of Brian A. Duke, sworn to February 7, 2012, 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 29, 2012, 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 15, 2012.
Entered: February 14, 2012
Frances E. Cafarell, Clerk