LINCOLN TRUST, AS CUSTODIAN FOR DANIEL ELSTEIN, M.D., ROLLOVER IRA AND DANIEL ELSTEIN, INDIVIDUALLY AND AS BENEFICIAL
Motion No: CA 13-00907
Slip Opinion No: 2013 NY Slip Op 95233(U)
Decided on December 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.


December 20, 2013

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

DOCKET NO. CA 13-00907

LINCOLN TRUST, AS CUSTODIAN FOR DANIEL ELSTEIN, M.D.,

ROLLOVER IRA AND DANIEL ELSTEIN, INDIVIDUALLY AND AS

BENEFICIAL OWNER OF LINCOLN TRUST, PLAINTIFFS-APPELLANTS,

V

ALFRED D. SPAZIANO, DEFENDANT,

ALBERT M. MERCURY AND PHILLIPS, LYTLE, HITCHCOCK, BLAINE

AND HUBER, LLP, DEFENDANTS-RESPONDENTS.


Respondents having separately 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 Onondaga on March 8, 2013,

Now, upon reading and filing the affidavit of Lawrence J. Vilardo, Esq., sworn to November 26, 2013, the affirmation of Richard T. Sullivan, Esq., dated November 27, 2013, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that the briefs are filed and served on or before January 21, 2014, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 4, 2014.

Entered: December 20, 2013

Frances E. Cafarell, Clerk