STEPHEN APPLEBEE V COUNTY OF CAYUGA
Motion No: NOS. CA 11-02090 AND CA 11-02091
Slip Opinion No: 2012 NY Slip Op 80518(U)
Decided on August 2, 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.


August 2, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-02090 AND CA 11-02091

STEPHEN APPLEBEE, PLAINTIFF-APPELLANT,

V

COUNTY OF CAYUGA, DEFENDANT-RESPONDENT,



COUNTY OF CAYUGA, DEFENDANT/THIRD-PARTY PLAINTIFF,

V

VILLAGE OF PORT BYRON,

THIRD-PARTY DEFENDANT-RESPONDENT.


Defendant-respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on February 9, 2011, and September 6, 2011,

Now, upon reading and filing the affidavit of Christine Gasser, Esq., sworn to July 16, 2012, the notice of motion with proof of service thereof, and the affirmation of Eugene W. Lane, Esq., dated July 26, 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 August 22, 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 September 6, 2012.

Entered: August 2, 2012

Frances E. Cafarell, Clerk