COLLEEN M. ZBOCK, AS ADMINISTRATRIX OF THE ESTATE OF JOHN P. ZBOCK, JR., DECEASED V DANIEL B. GIETZ, RONNIE BROWN
Motion No: CA 16-01125
Slip Opinion No: 2016 NY Slip Op 82822(U)
Decided on August 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.


August 15, 2016

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

DOCKET NO. CA 16-01125

COLLEEN M. ZBOCK, AS ADMINISTRATRIX OF THE ESTATE OF JOHN

P. ZBOCK, JR., DECEASED, PLAINTIFF-RESPONDENT,

V

DANIEL B. GIETZ, RONNIE BROWN, PHILLIP C. FOURNIER,

FOURNIER ENTERPRISES, INC., AND COPE BESTWAY EXPRESS, INC.,

DOING BUSINESS AS BESTWAY DISTRIBUTION SERVICE,

DEFENDANTS-APPELLANTS.


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 Erie on February 1, 2016,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to July 27, 2016, the notice of motion with proof of service thereof, the affirmation of Michael J. Chmiel, Esq., dated July 29, 2016, and the affirmation of Donna L. Burden, Esq., dated August 3, 2016, 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 September 2, 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 September 19, 2016.

Entered: August 15, 2016

Frances E. Cafarell, Clerk