JAMES A. GARDNER, V WHITNEY ZAMMITT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KATE RIGHTER GARDNER, DECEASED, .
Motion No: CA 19-00300
Slip Opinion No: 2019 NY Slip Op 83586(U)
Decided on November 4, 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.


November 4, 2019

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

CA 19-00300

JAMES A. GARDNER, PLAINTIFF-RESPONDENT-APPELLANT,

V

WHITNEY ZAMMITT, AS PERSONAL REPRESENTATIVE OF

THE ESTATE OF KATE RIGHTER GARDNER, DECEASED,

DEFENDANT-APPELLANT-RESPONDENT.


Plaintiff having moved for permission to file and serve a corrected brief on the appeal and cross appeal taken herein from an order of the Supreme Court, Erie County, entered February 14, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to December 4, 2019.

Entered: November 4, 2019

Mark W. Bennett

Clerk of the Court