| THOMAS MAGGIO AND DIANE MAGGIO V EYE CARE PROFESSIONALS OF WESTERN NEW YORK, LLP AND 4703 TRANSIT ROAD REALTY, LLC |
| Motion No: CA 13-01320 |
| Slip Opinion No: 2013 NY Slip Op 92989(U) |
| Decided on November 29, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01320
| THOMAS MAGGIO AND DIANE MAGGIO,
PLAINTIFFS-RESPONDENTS, V EYE CARE PROFESSIONALS OF WESTERN NEW YORK, LLP, DEFENDANT-RESPONDENT, AND 4703
TRANSIT ROAD REALTY, LLC, DEFENDANT-APPELLANT. |
Defendant-respondent Eye Care Professionals of Western New York, LLP 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 April 15, 2013,
Now, upon reading and filing the affirmation of John R. Condren, Esq., dated November 15, 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 defendant-respondent Eye Care Professionals of Western New York, LLP's brief is filed and served on or before December 23, 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 7, 2014.
Entered: November 29, 2013
Frances E. Cafarell, Clerk