JAMES P. ZETES, V KELLY A. STEPHENS AND LUCAS A. STEPHENS COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA
Motion No: CA 12-01499
Slip Opinion No: 2013 NY Slip Op 61821(U)
Decided on January 16, 2013
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.


January 16, 2013

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 12-01499

JAMES P. ZETES, PLAINTIFF-APPELLANT-RESPONDENT,

V

KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS,

COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS

NIAGARA COUNTY SHERIFF, AND GUY FRATELLO ALSO KNOWN AS G.

FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS NIAGARA

COUNTY DEPUTY SHERIFF, DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants 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 January 31, 2012,

Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated December 27, 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 February 11, 2013, 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 February 26, 2013.

Entered: January 16, 2013

Frances E. Cafarell, Clerk