| CELLINO & BARNES, P.C. V LAW OFFICE OF CHRISTOPHER J. CASSAR, P.C., AND CHRISTOPHER J. CASSAR |
| Motion No: NOS. CA 15-00412 AND CA 15-00413 |
| Slip Opinion No: 2015 NY Slip Op 86879(U) |
| Decided on October 6, 2015 |
| 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 NOS. CA 15-00412 AND CA 15-00413
| CELLINO & BARNES, P.C., PLAINTIFF-RESPONDENT, V LAW OFFICE OF
CHRISTOPHER J. CASSAR, P.C., AND CHRISTOPHER J. CASSAR, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss 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 9, 2014, for failure to timely perfect, or, in the alternative, for an extension of time to file and serve a brief
Now, upon reading and filing the affirmation of Gregory V. Pajak, Esq., dated September 16, 2015, the notice of motion with proof of service thereof, and the affidavit of Christopher J. Cassar, Esq., sworn to October 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED the motion insofar as it seeks to dismiss the appeals is dismissed as moot, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before November 9, 2015, 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 November 24, 2015.
Entered: October 6, 2015
Frances E. Cafarell, Clerk