ELLA MAE ALLEN V JERRY P. LOWCZUS
Motion No: CA 13-01640
Slip Opinion No: 2013 NY Slip Op 90112(U)
Decided on October 24, 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 24, 2013

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

DOCKET NO. CA 13-01640

ELLA MAE ALLEN, PLAINTIFF-RESPONDENT,

V

JERRY P. LOWCZUS, DEFENDANT-APPELLANT.


Respondent 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 7, 2013,

Now, upon reading and filing the affidavit of Bradley D. Marble, Esq., sworn to October 4, 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 November 18, 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 December 3, 2013.

Entered: October 24, 2013

Frances E. Cafarell, Clerk