WILLIAM J. NICHOLAS AND JOANN NICHOLAS V WAL-MART STORES, INC., , MLB CONTRACTORS, INC., - .
Motion No: CA 15-01322
Slip Opinion No: 2015 NY Slip Op 86892(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.


October 6, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01322

WILLIAM J. NICHOLAS AND JOANN NICHOLAS,

PLAINTIFFS-RESPONDENTS,

V

WAL-MART STORES, INC., DEFENDANT-RESPONDENT-APPELLANT,

MLB CONTRACTORS, INC., DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Defendant-respondent-appellant Wal-Mart Stores, Inc. having moved for an extension of time to file and serve a respondent's brief on the appeal taken herein by defendant-appellant MLB Contractors, Inc. from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 29, 2015,

Now, upon reading and filing the affidavit of Carol E. Crummey, Esq., sworn to September 21, 2015, and, the notice of motion with proof of service thereon, 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 October 15, 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 October 30, 2015.

Entered: October 6, 2015

Frances E. Cafarell, Clerk