| ACQUEST WEHRLE, LLC V TOWN OF AMHERST |
| Motion No: NOS. CA 14-00117 AND CA 14-01436 |
| Slip Opinion No: 2014 NY Slip Op 93215(U) |
| Decided on December 12, 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 NOS. CA 14-00117 AND CA 14-01436
| ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V
TOWN OF AMHERST, DEFENDANT-APPELLANT. |
Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2013, and November 26, 2013, and
Appellant having cross-moved for an extension of time to file and serve a reply brief on the aforementioned appeals,
Now, upon reading and filing the affirmations of Matthew D. Miller, Esq., dated November 21, 2014, and November 26, 2014, the affidavit of Joseph DeMarie, Esq., sworn to November 25, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted on the condition that the brief is filed and served on or before January 12, 2015, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that appellant's cross motion insofar as it seeks an extension of time to file and serve a reply brief is granted and the reply brief, if any, shall be filed and served on or before February 9, 2015, and the Clerk is directed to accept the brief for filing.
Entered: December 12, 2014
Frances E. Cafarell, Clerk