| CATHY TUMINNO V MARJORIE WAITE, , JAMES FLAGELLA, , ET AL |
| Motion No: CA 13-00228 |
| Slip Opinion No: 2013 NY Slip Op 66584(U) |
| Decided on March 5, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00228
| CATHY TUMINNO, PLAINTIFF-RESPONDENT, V MARJORIE
WAITE, DEFENDANT-APPELLANT-RESPONDENT, JAMES FLAGELLA, DEFENDANT-RESPONDENT-APPELLANT, ET AL,
DEFENDANTS. |
Plaintiff 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 Chautauqua on April 25, 2012,
Now, upon reading and filing the affidavit of Katherine M. Liebner, Esq., sworn to February 11, 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 is granted on the condition that the brief is filed and served on or before April 10, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs in response to plaintiff's brief, if any, shall be filed and served on or before April 25, 2013.
Entered: March 5, 2013
Frances E. Cafarell, Clerk