| JAMES SALERNO AND MARY SALERNO, V THE DIOCESE OF BUFFALO, N.Y., CATHOLIC CEMETERIES OF THE ROMAN CATHOLIC DIOCESE OF |
| Motion No: CA 17-01548 |
| Slip Opinion No: 2018 NY Slip Op 64813(U) |
| Decided on February 20, 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: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND WINSLOW, JJ.
DOCKET NO. CA 17-01548
| JAMES SALERNO AND MARY SALERNO,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V THE DIOCESE OF BUFFALO, N.Y., CATHOLIC CEMETERIES OF THE ROMAN CATHOLIC DIOCESE OF
BUFFALO, INC., DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Plaintiffs having moved for an extension of time to file and serve a sur-reply brief on the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2017, and defendants-appellants-respondents having cross-moved to dismiss plaintiff's cross appeal and to strike plaintiff's respondent's brief,
Now, upon reading and filing the affirmations of William A. Quinlan, Esq., dated February 5, 2018, and February 15, 2018, the affirmation of Julia M. Hilliker, Esq., dated February 12, 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 sur-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 the cross motion is denied.
Entered: February 20, 2018
Mark W. Bennett, Clerk