| KIMBERLY L. ACKMAN, V MARK HABERER, . |
| Motion No: CA 13-00551 |
| Slip Opinion No: 2013 NY Slip Op 73834(U) |
| Decided on May 14, 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 13-00551
| KIMBERLY L. ACKMAN, PLAINTIFF-APPELLANT-RESPONDENT,
V MARK HABERER, DEFENDANT-RESPONDENT-APPELLANT. |
Defendant having moved for an extension of time to perfect his cross appeal and file and serve a respondent's brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 24, 2012,
Now, upon reading and filing the affirmation of Victor M. Wright, Esq., dated April 19, 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 cross appeal is perfected and the respondent's brief is filed and served on or before June 14, 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 July 1, 2013.
Entered: May 14, 2013
Frances E. Cafarell, Clerk