KAREN A. WHITAKER, AS PLENARY GUARDIAN OF JOSEPH L. MARTIN, JR. V KENNEDY/TOWN OF POLAND, TOWN OF POLAND HIGHWAY
Motion No: CA 17-02041
Slip Opinion No: 2018 NY Slip Op 62064(U)
Decided on January 16, 2018
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.


January 16, 2018

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

DOCKET NO. CA 17-02041

KAREN A. WHITAKER, AS PLENARY GUARDIAN OF

JOSEPH L. MARTIN, JR., PLAINTIFF-RESPONDENT,

V

KENNEDY/TOWN OF POLAND, TOWN OF POLAND

HIGHWAY DEPARTMENT, DEFENDANTS-APPELLANTS,

AND SUSAN MARSH, ET AL, DEFENDANTS.


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 Chautauqua on September 20, 2017,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to December 27, 2017, the notice of motion with proof of service thereof, and the affirmation of Jenna W. Klucsik, Esq., dated January 3, 2018, 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 February 13, 2018, 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 February 28, 2018.

Entered: January 16, 2018

Mark W. Bennett, Clerk