| TREMAIN CASON V KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC. |
| Motion No: CA 13-00766 |
| Slip Opinion No: 2014 NY Slip Op 63224(U) |
| Decided on February 3, 2014 |
| 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 13-00766
| TREMAIN CASON, PLAINTIFF-RESPONDENT, V KIRBY SY
SMITH, III AND WERNER ENTERPRISES, INC., DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on March 22, 2013,
Now, upon reading and filing the affirmations of Lawrence A. Schulz, Esq., dated January 7, 2014, and January 24, 2014, the notice of motion with proof of service thereof, and the affidavit of Jeanne M. Vinal, Esq., sworn to January 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered November 14, 2013, is hereby amended by deleting the date January 13, 2014, and inserting in its place the date February 24, 2014.
Entered: February 3, 2014
Frances E. Cafarell, Clerk