RICHARD J. WALLENHORST, II V JAMES R. WALLENHORST, MICHAEL WALLENHORST, SHEILA WALLENHORST, RICHARD J. WALLENHORST
Motion No: CA 16-01721
Slip Opinion No: 2016 NY Slip Op 93695(U)
Decided on December 5, 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.


December 5, 2016

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

DOCKET NO. CA 16-01721

RICHARD J. WALLENHORST, II, PLAINTIFF-APPELLANT,

V

JAMES R. WALLENHORST, MICHAEL WALLENHORST, SHEILA

WALLENHORST, RICHARD J. WALLENHORST, RITA WALLENHORST,

ELAINE L. BERG, CARL B. ARNOLD AND RICK MAIER,

DEFENDANTS-RESPONDENTS, THOMAS N. PRIME, JR., DEFENDANT.


Respondents 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 Jefferson on May 4, 2016,

Now, upon reading and filing the affidavit of David P. Antonucci, Esq., sworn to November 14, 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 December 19, 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 3, 2017.

Entered: December 5, 2016

Frances E. Cafarell, Clerk