GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA, V TOWN OF PENFIELD, , KENNETH HERSHEY AND SUZANNE HERSHEY
Motion No: CA 13-01562
Slip Opinion No: 2013 NY Slip Op 91995(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., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 13-01562

GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

TOWN OF PENFIELD, DEFENDANT-APPELLANT-RESPONDENT,

KENNETH HERSHEY AND SUZANNE HERSHEY,

DEFENDANTS-RESPONDENTS.


Defendant Town of Penfiled having moved for an extension of time to file and serve a reply brief in response to plaintiffs' respondents' brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 3, 2013,

Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated November 5, 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 reply brief is filed and served on or before December 17, 2013, and the Clerk is directed to accept the brief for filing.

Entered: November 20, 2013

Frances E. Cafarell, Clerk