CHERYL D. MAYER, AS ADMINISTRATRIX OF THE ESTATE OF BRANDON M. ACKER, DECEASED V MATTHEW J. CONRAD AND AMY M. CONRAD
Motion No: CA 14-00281
Slip Opinion No: 2014 NY Slip Op 68979(U)
Decided on April 8, 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.


April 8, 2014

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

DOCKET NO. CA 14-00281

CHERYL D. MAYER, AS ADMINISTRATRIX OF THE ESTATE OF BRANDON

M. ACKER, DECEASED, PLAINTIFF-RESPONDENT,

V

MATTHEW J. CONRAD AND AMY M. CONRAD, DEFENDANT-APPELLANTS,



MATTHEW J. CONRAD AND AMY M. CONRAD, THIRD-PARTY

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

FISHER CONCRETE, INC., THIRD-PARTY

DEFENDANT-RESPONDENT-APPELLANT.


Third-party defendant-respondent-appellant having moved for an extension of time to file and serve a respondent's 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 May 23, 2013,

Now, upon reading and filing the affirmation of Debra A. Adler, Esq., dated March 12, 2014, 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 third-party defendant-respondent-appellant's brief is filed and served on or before April 16, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in response to the respondent's brief of third-party defendant-respondent-appellant, if any, shall be filed and served on or before May 1, 2014.

Entered: April 8, 2014

Frances E. Cafarell, Clerk