| LLOYD RIFENBURG V WESTERN NEW YORK AND PENNSYLVANIA RAILROAD |
| Motion No: CA 13-02129 |
| Slip Opinion No: 2014 NY Slip Op 70164(U) |
| Decided on April 22, 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: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
DOCKET NO. CA 13-02129
| LLOYD RIFENBURG, PLAINTIFF-RESPONDENT, V WESTERN
NEW YORK AND PENNSYLVANIA RAILROAD, DEFENDANT-APPELLANT. |
Respondent having 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 Allegany on July 17, 2013,
Now, upon reading and filing the affirmation of Edward Pekarek, Esq., dated March 21, 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 the brief is filed and served on or before June 2, 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 17, 2014, and
It is further ORDERED that the appeal is removed from the day calendar for May 20, 2014, and is added to the calendar for the term of this Court commencing September 2, 2014.
Entered: April 22, 2014
Frances E. Cafarell, Clerk