| AMY WITRYOL AND THOMAS FRECK V CWM CHEMICAL SERVICES, L.L.C., WASTE MANAGEMENT OF NEW YORK, INC., NEW YORK STATE |
| Motion No: CA 18-02262 |
| Slip Opinion No: 2019 NY Slip Op 60118(U) |
| Decided on January 2, 2019 |
| 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 18-02262
| AMY WITRYOL AND THOMAS FRECK, PETITIONERS-APPELLANTS, V CWM
CHEMICAL SERVICES, L.L.C., WASTE MANAGEMENT OF NEW YORK, INC., NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, MAUREEN
BRADY, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION 9 REGIONAL ATTORNEY, DAVID STEVER, NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION 9 ASSISTANT REGIONAL ATTORNEY, PETER GRASSO, P.E., NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION REGION 9 MATERIALS MANAGEMENT ENGINEER,
RESPONDENTS-RESPONDENTS. |
Respondents having moved for an extension of time to file and serve briefs on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 8, 2018,
Now, upon reading and filing the affirmation of Joshua M. Tallent, Esq., dated December 18, 2018, the affirmation of Thomas R. Smith, Esq., dated December 21, 2018, the notice of motion with proof of service thereof, and the affirmations of Alan J. Knauf, Esq., dated December 21, 2018, and December 28, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted on the condition that the briefs are filed and served on or before February 21, 2019, and the Clerk is directed to accept the briefs for filing.
Entered: January 2, 2019
Mark W. Bennett, Clerk