DAVID R. MARKHAM, CHRISTINE V. MARKHAM AND JAMES MARKHAM, AS ADMINISTRATOR OF THE ESTATES OF STEVEN R. MARKHAM AND
Motion No: CA 13-01171
Slip Opinion No: 2013 NY Slip Op 81166(U)
Decided on July 29, 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.


July 29, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01171

DAVID R. MARKHAM, CHRISTINE V. MARKHAM AND JAMES MARKHAM,

AS ADMINISTRATOR OF THE ESTATES OF STEVEN R. MARKHAM AND

SANDRA H. MARKHAM, DECEASED, PLAINTIFFS-RESPONDENTS,

V

NOTHNAGLE DRILLING, INC., DEFENDANT-APPELLANT,

AND EDWARD J. SCHMEIDER, BRUCE C. KERSHENSKI,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


Plaintiffs-respondents 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 Cayuga on August 30, 2012,

Now, upon reading and filing the affidavit of John H. Callahan, Esq., sworn to July 18, 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 September 4, 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 September 19, 2013.

Entered: July 29, 2013

Frances E. Cafarell, Clerk