FREDERICK W. ZABEL V M & T BANK
Motion No: CA 12-00499
Slip Opinion No: 2012 NY Slip Op 72775(U)
Decided on May 7, 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.


May 7, 2012

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 12-00499

FREDERICK W. ZABEL, PLAINTIFF-RESPONDENT,

V

M & T BANK, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a reply 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 October 28, 2011,

Now, upon reading and filing the affirmation of Joshua Feinstein, Esq., dated April 24, 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 reply brief is filed and served on or before May 14, 2012, and the Clerk is directed to accept the brief for filing.

Entered: May 7, 2012

Frances E. Cafarell, Clerk