| ELAINE M. PALUMBO AND MICHAEL PALUMBO V BRISTOL-MYERS SQUIBB COMPANY CHARLES J. MALLO, M.D. |
| Motion No: CA 17-01199 |
| Slip Opinion No: 2017 NY Slip Op 82467(U) |
| Decided on August 7, 2017 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01199
| ELAINE M. PALUMBO AND MICHAEL PALUMBO,
PLAINTIFFS-APPELLANTS, V BRISTOL-MYERS SQUIBB COMPANY, DEFENDANT, CHARLES J. MALLO, M.D.,
DEFENDANT-RESPONDENT. |
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 Niagara on September 8, 2016,
Now, upon reading and filing the affidavit of John T. Loss, Esq., sworn to July 24, 2017, the notice of motion with proof of service thereof, and the affirmation of Duane D. Schoonmaker, Esq., dated July 31, 2017, 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 8, 2017, 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 25, 2017.
Entered: August 7, 2017
Frances E. Cafarell, Clerk