| CATHY TUMINNO V MARJORIE WAITE, , JAMES FLAGELLA, , ET AL |
| Motion No: CA 13-00228 |
| Slip Opinion No: 2013 NY Slip Op 78715(U) |
| Decided on July 3, 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: SMITH, J.P., CARNI, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
DOCKET NO. CA 13-00228
| CATHY TUMINNO, PLAINTIFF-RESPONDENT, V MARJORIE
WAITE, DEFENDANT-APPELLANT-RESPONDENT, JAMES FLAGELLA, DEFENDANT-RESPONDENT-APPELLANT, ET AL,
DEFENDANTS. |
Defendant-respondent-appellant having moved for an extension of time to perfect his cross appeal and file and serve a respondent's 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 James P. Flagella sworn to June 17, 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 July 10, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs shall be filed and served on or before July 25, 2013.
Entered: July 3, 2013
Frances E. Cafarell, Clerk