TIMOTHY A. RUDNIK V GLADSTON C. PETINAUD
Motion No: CA 11-02561
Slip Opinion No: 2012 NY Slip Op 74164(U)
Decided on May 21, 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 21, 2012

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

DOCKET NO. CA 11-02561

TIMOTHY A. RUDNIK, ET AL., PLAINTIFFS,

V

GLADSTON C. PETINAUD, DEFENDANT.



GLADSTON C. PETINAUD, THIRD-PARTY PLAINTIFF-RESPONDENT,

V

SARAH C. JOYCE, THIRD-PARTY DEFENDANT-APPELLANT.


Third-party defendant-appellant having moved to adjourn oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2011,

Now, upon reading and filing the affidavit of Kevin M. O'Neill, Esq., sworn to May 10, 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, and the appeal is removed from this Court's day calendar for May 23, 2012, and added to the term of this Court commencing October 15, 2012.

Entered: May 21, 2012

Frances E. Cafarell, Clerk