GAIL VANDERBROOK V EMERALD SPRINGS RANCH, EMERALD SPRINGS RANCH, LLC, JOYCE DE VALINGER AND THOMAS DE VALINGER
Motion No: CA 12-01981
Slip Opinion No: 2013 NY Slip Op 66568(U)
Decided on March 4, 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.


March 4, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.

DOCKET NO. CA 12-01981

GAIL VANDERBROOK, PLAINTIFF-RESPONDENT,

V

EMERALD SPRINGS RANCH, EMERALD SPRINGS RANCH, LLC,

JOYCE DE VALINGER AND THOMAS DE VALINGER,

DEFENDANTS-APPELLANTS.


Counsel for respondent Gail Vanderbrook having moved to withdraw as counsel for respondent on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on September 7, 2011, having moved for an extension of time for respondent to file and serve a brief and having moved for a stay of proceedings in this Court,

Now, upon reading and filing the affirmation of Gregory P. Garofalo, Esq., dated January 25, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to withdraw as counsel is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time for respondent to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before May 7, 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 May 22, 2013, and

It is further ORDERED that the motion insofar as it seeks a stay is dismissed as unnecessary, and

It if further ORDERED that the appeal is removed from this Court's day calendar for May 17, 2013, and added to this Court's calendar for the term commencing September 3, 2013.

Entered: March 4, 2013

Frances E. Cafarell, Clerk