| ARIANA WHITE V MAURICE MAYFIELD , AND BUFFALO AUTO RENTAL, INC. ARIANA WHITE, V MAURICE MAYFIELD , AND BUFFALO AUTO |
| Motion No: CA 17-01296 |
| Slip Opinion No: 2018 NY Slip Op 63687(U) |
| Decided on February 6, 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. |
PRESENT: PERADOTTO, J.P., LINDLEY, DEJOSEPH, CURRAN, AND TROUTMAN, JJ.
DOCKET NO. CA 17-01296
DOCKET NO. CA 17-01746
| ARIANA WHITE, PLAINTIFF-RESPONDENT, V MAURICE MAYFIELD, ET AL.,
DEFENDANTS, AND BUFFALO AUTO RENTAL, INC., DEFENDANT-APPELLANT. (APPEAL NO. 1.) ARIANA WHITE,
PLAINTIFF-RESPONDENT-APPELLANT, V MAURICE MAYFIELD, ET AL., DEFENDANTS, AND BUFFALO AUTO RENTAL, INC.,
DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) |
Plaintiff having moved for an extension of time to file and serve a reply brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 26, 2016 (appeal No. 1), and June 23, 2017 (appeal No. 2), and defendant-appellant-respondent having cross-moved to dismiss plaintiff's cross appeal from the order entered June 23, 2017, for failure to perfect the appeal timely,
Now, upon reading and filing the affidavit of Eric M. Shelton, Esq., sworn to January 23, 2018, the affirmation of Jaclyn S. Wanemaker, Esq., dated January 31, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiff's motion is granted on the condition that the reply brief is filed and served on or before February 21, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that defendant-appellant-respondent's cross motion is denied.
Entered: February 6, 2018
Mark W. Bennett, Clerk