CHERYL FOLEY AND WILLIAM FOLEY V WEST-HERR FORD, INC. .
Motion No: CA 12-01806
Slip Opinion No: 2013 NY Slip Op 82933(U)
Decided on August 19, 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.


August 19, 2013

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 12-01806

CHERYL FOLEY AND WILLIAM FOLEY, PLAINTIFFS-RESPONDENTS,

V

WEST-HERR FORD, INC., ET AL., DEFENDANTS.



TIMOTHY B. HOWARD, SHERIFF, COUNTY OF ERIE, BY MICHAEL A.

SIRACUSA, ESQ., ERIE COUNTY ATTORNEY, APPELLANT.


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 Erie on January 27, 2012,

Now, upon reading and filing the affirmation of Debra A. Norton, Esq., dated August 1, 2013, the notice of motion with proof of service thereof, and the affidavit of Kenneth R. Kirby, Esq., sworn to August 2, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered July 16, 2013, is hereby amended by deleting the date August 1, 2013, and inserting in its place the date August 30, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered July 16, 2013, is hereby amended by deleting the date August 16, 2013, and inserting in its place the date September 16, 2013.

Entered: August 19, 2013

Frances E. Cafarell, Clerk