KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES V AMY BERNSTEIN AND RICHARD BERNSTEIN AMY BERNSTEIN, V MALACHI
Motion No: NOS. CA 15-01524 AND CA 15-01525
Slip Opinion No: 2016 NY Slip Op 67533(U)
Decided on March 15, 2016
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.


March 15, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NOS. CA 15-01524 AND CA 15-01525

KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES,

PLAINTIFF-RESPONDENT,

V

AMY BERNSTEIN, DEFENDANT,

AND RICHARD BERNSTEIN, DEFENDANT-APPELLANT.

AMY BERNSTEIN, THIRD-PARTY PLAINTIFF,

V

MALACHI DONOHUE, DAVID BECKER AND CHARLES BAKER,

THIRD-PARTY DEFENDANTS.

RICHARD BERNSTEIN, THIRD-PARTY PLAINTIFF,

V

MALACHI DONOHUE, DAVID BECKER AND CHARLES BAKER,

THIRD-PARTY DEFENDANTS.


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 Cattaraugus on December 2, 2014, and July 23, 2015,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to February 24, 2016, 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 March 30, 2016, 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 April 13, 2016.

Entered: March 15, 2016

Frances E. Cafarell, Clerk