| DENISE D. SIMONEIT, V MARK CERRONE, INC. AND JAMES A. FREEMAN, . |
| Motion No: CA 14-00370 |
| Slip Opinion No: 2014 NY Slip Op 68992(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-00370
| DENISE D. SIMONEIT, PLAINTIFF-APPELLANT-RESPONDENT,
V MARK CERRONE, INC. AND JAMES A. FREEMAN, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved for an extension of time to perfect their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 29, 2013, and having moved for an extension of time to file and serve their respondents' brief,
Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to March 18, 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 insofar as it seeks an extension of time to perfect the cross appeal is granted, and defendants shall perfect their cross appeal on or before May 7, 2014, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on the condition that the brief is filed and served on or before May 7, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that plaintiff's reply brief shall be filed and served on or before May 22, 2014.
Entered: April 8, 2014
Frances E. Cafarell, Clerk