ACQUEST WEHRLE, LLC V TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE
Motion No: CA 13-00503
Slip Opinion No: 2013 NY Slip Op 91991(U)
Decided on November 20, 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.


November 20, 2013

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

DOCKET NO. CA 13-00503
DOCKET NO. CA 13-01446

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT,

V

TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI,

WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ,

DANIEL J. WARD, MARK A. MANNA, DEFENDANTS-APPELLANTS,

BARRY A. WEINSTEIN AND GUY M. MARLETTE, DEFENDANTS.

(APPEAL NO. 1.)

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT,

V

TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI,

WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ,

DANIEL J. WARD, DEFENDANTS-APPELLANTS, ET AL.,

BARRY A. WEINSTEIN AND GUY M. MARLETTE, DEFENDANTS.

(APPEAL NO. 2.)


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2012, and March 11, 2013,

Now, upon reading and filing the affirmation of Matthew D. Miller, Esq., dated November 6, 2013, the notice of motion with proof of service thereof, and the affidavit of Alan P. McCracken, Esq., sworn to November 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 December 20, 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 January 6, 2014.

Entered: November 20, 2013

Frances E. Cafarell, Clerk