| KIRK RUTHERFORD V SPENCER SPEEDWAY, INC., NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC., JOHN WHITE AND JOHN |
| Motion No: CA 12-00231 |
| Slip Opinion No: 2012 NY Slip Op 68076(U) |
| Decided on March 19, 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, FAHEY, LINDLEY, AND MARTOCHE, JJ.
DOCKET NO. CA 12-00231
| KIRK RUTHERFORD, PLAINTIFF-RESPONDENT, V SPENCER SPEEDWAY,
INC., NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC., JOHN WHITE AND JOHN MULLIE,
DEFENDANTS-APPELLANTS. |
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 Niagara on July 6, 2011,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to March 1, 2012, 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 the brief is filed and served on or before April 18, 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 May 3, 2012.
Entered: March 19, 2012
Frances E. Cafarell, Clerk