| IN THE MATTER OF CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V DIANE Y. DEVLIN |
| Motion No: OP 18-00409 |
| Slip Opinion No: 2018 NY Slip Op 72775(U) |
| Decided on May 15, 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., PERADOTTO, CARNI, CURRAN, AND WINSLOW, JJ.
DOCKET NO. OP 18-00409
| IN THE MATTER OF CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE
ESTATE OF LULA BAITY, DECEASED, PETITIONER, V DIANE Y. DEVLIN, JUSTICE, NEW YORK SUPREME COURT,
RESPONDENT. |
Respondent having moved for an extension of time to file and serve an answer or pre-answer motion, and for other relief, on this original CPLR article 78 proceeding commenced in the Court,
Now, upon reading and filing the affirmation of Joseph M. Spadola, Esq., dated March 29, 2018, the notice of motion with proof of service thereof, and the affirmation of Louis Rosado, Esq., dated April 12, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to serve and file an answer or to file and serve a pre-answer motion, on the condition the answer or pre-answer motion is filed and served, in accordance with this Court's rules, on or before May 30, 2018, and
It is further ORDERED that petitioner shall file and serve a brief, in accordance with this Court's rules, on or before July 5, 2018, and
It is further ORDERED that respondent shall file and serve a brief, in accordance with this Court's rules, on or before August 9, 2018.
Entered: May 15, 2018
Mark W. Bennett, Clerk