| TREMAIN CASON V KIRBY SY SMITH, III, AND WERNER ENTERPRISES, INC. |
| Motion No: CA 13-00766 |
| Slip Opinion No: 2014 NY Slip Op 69604(U) |
| Decided on April 15, 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 permission to file a replacement appellants' brief on the appeal taken herein from an order of the County Court entered in the Office of the Clerk of the County of Erie on March 22, 2013,
Now, upon reading and filing the affirmation of Lawrence A. Schulz, Esq., dated March 4, 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 appellants file and serve their corrected brief on or before April 22, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before May 27, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 11, 2014.
Entered: April 15, 2014
Frances E. Cafarell, Clerk