| ROBERT SMILEY AND KIMBERLY SMILEY V ALLGAIER CONSTRUCTION CORP. |
| Motion No: CA 17-01560 |
| Slip Opinion No: 2017 NY Slip Op 89551(U) |
| Decided on October 16, 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 17-01560
| ROBERT SMILEY AND KIMBERLY SMILEY, PLAINTIFFS-RESPONDENTS, V
ALLGAIER CONSTRUCTION CORP., DEFENDANT-APPELLANT. |
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 Erie on May 4, 2017,
Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated October 2, 2017, the notice of motion with proof of service thereof, and the affirmation of Ryan J. Mills, Esq., dated October 5, 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 November 1, 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 16, 2017.
Entered: October 16, 2017
Mark W. Bennett, Clerk