| STEPHEN T. DIVITO V EDWARD L. FIANDACH |
| Motion No: CA 17-00324 |
| Slip Opinion No: 2017 NY Slip Op 88700(U) |
| Decided on October 10, 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-00324
| STEPHEN T. DIVITO, PLAINTIFF-APPELLANT, V EDWARD L. FIANDACH,
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 Monroe on October 14, 2016,
Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated September 20, 2017, 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 October 25, 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 November 9, 2017.
Entered: October 10, 2017
Mark W. Bennett, Clerk