SUSAN GATELY V JAMES GATELY
Motion No: CA 12-00128
Slip Opinion No: 2013 NY Slip Op 89188(U)
Decided on October 21, 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.


October 21, 2013

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 12-00128

SUSAN GATELY, PLAINTIFF-RESPONDENT,

V

JAMES GATELY, DEFENDANT-APPELLANT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 28, 2011,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to October 2, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to October 8, 2013, 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 November 1, 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 November 18, 2013.

Entered: October 21, 2013

Frances E. Cafarell, Clerk