KELLY BURKE V QUEEN OF HEAVEN ROMAN CATHOLIC ELEMENTARY SCHOOL, QUEEN OF HEAVEN ROMAN CATHOLIC CHURCH, - .
Motion No: CA 16-01204
Slip Opinion No: 2016 NY Slip Op 90914(U)
Decided on November 7, 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.


November 7, 2016

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

DOCKET NO. CA 16-01204

KELLY BURKE, PLAINTIFF-RESPONDENT,

V

QUEEN OF HEAVEN ROMAN CATHOLIC ELEMENTARY SCHOOL,

QUEEN OF HEAVEN ROMAN CATHOLIC CHURCH,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANT.


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 March 17, 2016,

Now, upon reading and filing the affidavits of Helen Kaney Dempsey, Esq., sworn to October 28, 2016, and November 4, 2016, the notice of motion with proof of service thereof, and the affirmation of Thomas J. Speyer, Esq., sworn to November 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 December 22, 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 January 6, 2017.

Entered: November 7, 2016

Frances E. Cafarell, Clerk