| ROBERT SMILEY AND KIMBERLY SMILEY V ALLGAIER CONSTRUCTION CORP. |
| Motion No: CA 17-01560 |
| Slip Opinion No: 2017 NY Slip Op 92330(U) |
| Decided on November 15, 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 31, 2017, the notice of motion with proof of service thereof, and the affirmation of Ryan J. Mills, Esq., dated November 3, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered October 16, 2017, is hereby amended by deleting the date November 1, 2017, and inserting in its place the date December 1, 2017, and
It is further ORDERED that the second ordering paragraph of the order of this Court entered October 16, 2017, is hereby amended by deleting the date November 16, 2017, and inserting in its place the date December 18, 2017.
Entered: November 15, 2017
Mark W. Bennett, Clerk