ROSALIE A. CALEB AND ESTATE OF BRENT C. CALEB, DECEASED, ROSALIE A. CALEB, EXECUTOR V SEVENSON ENVIRONMENTAL SERVICES
Motion No: CA 13-00034
Slip Opinion No: 2013 NY Slip Op 85760(U)
Decided on September 18, 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.


September 18, 2013

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

DOCKET NO. CA 13-00034

ROSALIE A. CALEB AND ESTATE OF BRENT C. CALEB, DECEASED,

ROSALIE A. CALEB, EXECUTOR, PLAINTIFFS-RESPONDENTS,

V

SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANT-APPELLANT.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 2, 2012,

Now, upon reading and filing the affidavit of R. Anthony Rupp, III, Esq., sworn to August 27, 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 October 9, 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 October 24, 2013.

Entered: September 18, 2013

Frances E. Cafarell, Clerk