Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department

May 18, 2026

CA 25-01009

Present: Bannister, J.P., Montour, Greenwood, Nowak, And Hannah, JJ.

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Plaintiff having moved for permission to file a corrected record and appellate brief on the appeal taken herein from an order of the Supreme Court, Erie County, entered May 21, 2025, and defendant having cross-moved for an extension of time to file a respondent's brief,

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

It is hereby ORDERED that plaintiff's motion insofar as it seeks to file a corrected record and appellate brief is granted to the extent that the appellate record and brief filed in this Court on December 9, 2025 are hereby deemed stricken, and

It is further ORDERED that plaintiff shall file a corrected record and brief on or before May 20, 2026 that are consistent with the Supreme Court's April 14, 2026 order, and

It is further ORDERED that defendant's cross-motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the respondent's brief is filed and served, in accordance with this Court's rules, on or before June 15, 2026.

Entered: May 18, 2026

Ann Dillon Flynn

Clerk of the Court