STEPHEN APPLEBEE V COUNTY OF CAYUGA
Motion No: NOS. CA 11-02090 AND CA 11-02091
Slip Opinion No: 2012 NY Slip Op 84901(U)
Decided on September 18, 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.


September 18, 2012

PRESENT: SCUDDER, P. J., SMITH, PERADOTTO, CARNI, AND LINDLEY, 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.


Appellant having moved for an extension of time to file and serve a reply 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 Eugene W. Lane, Esq., sworn to September 6, 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 to the extent that the second ordering paragraphs of the orders of this Court entered August 2, 2012, and August 16, 2012, are hereby amended by deleting the date September 6, 2012, and inserting in its place the date September 25, 2012.

Entered: September 18, 2012

Frances E. Cafarell, Clerk