| MARITZA RACHLIN AND DENNIS R. RACHLIN V MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., AND BOULEVARD MALL EXPANSION, LLC |
| Motion No: CA 13-01289 |
| Slip Opinion No: 2013 NY Slip Op 93989(U) |
| Decided on December 11, 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 PARADOTT0, JJ.
DOCKET NO. CA 13-01289
DOCKET NO. CA 13-01763
| MARITZA RACHLIN AND DENNIS R. RACHLIN,
PLAINTIFFS-RESPONDENTS, V MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., AND BOULEVARD MALL EXPANSION, LLC,
DEFENDANTS-APPELLANTS. MICHAELS STORES, INC., AND MICHAELS ARTS & CRAFTS, THIRD-PARTY
PLAINTIFFS-RESPONDENTS, V BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY DEFENDANT-APPELLANT. MARITZA RACHLIN AND
DENNIS R. RACHLIN, PLAINTIFFS-RESPONDENTS, V MICHAELS STORES, INC., ET AL., DEFENDANTS.
————————————————————&m
dash;—————- MICHAELS STORES, INC., AND MICHAELS ARTS & CRAFTS, THIRD-PARTY
PLAINTIFFS-RESPONDENTS, V BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY
DEFENDANT-APPELLANT. |
Michaels Arts & Crafts and Michaels Stores, Inc., having moved for an extension of time to perfect its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 12, 2012 (docket No. CA 13-01289), for an extension of time to file and serve a respondents' brief on an appeal from Supreme Court's order entered October 12, 2012, for an extension of time to file and serve a respondents' brief on the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 13, 2013 (docket No. CA 13-01763), and for permission to file and serve a single brief on the appeals from Supreme Court's orders entered October 12, 2012, and August 13, 2013,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to November 12, 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 insofar as it seeks an extension of time to perfect an appeal and to file and serve respondents' briefs on the appeals is granted on the condition that the moving parties' appeal is perfected and the briefs are filed and served on or before December 30, 2013, and
It is further ORDERED that reply briefs, if any, shall be filed and serve on or before January 14, 2014, and
It is further ORDERED that the motion is denied insofar as it seeks permission to file and serve a single brief covering both the appeals from Supreme Court's orders entered October 12, 2012, and August 13, 2013.
Memorandum: No further extensions of time to perfect the appeal from the order October 12, 2012, will be granted.
Entered: December 11, 2013
Frances E. Cafarell, Clerk