| SAMUEL J. CAPIZZI, V BROWN CHIARI LLP, DONALD P. CHIARI AND JAMES E. BROWN, . |
| Motion No: CA 22-01096 |
| Slip Opinion No: 2023 NY Slip Op 71562(U) |
| Decided on July 31, 2023 |
| 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: SMITH,J.P., LINDLEY, CURRAN, MONTOUR, AND OGDEN, JJ.
CA 22-01096
| SAMUEL J. CAPIZZI,
PLAINTIFF-RESPONDENT-APPELLANT, V BROWN CHIARI LLP, DONALD P. CHIARI AND JAMES E.
BROWN, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Brown Chiari LLP, and Donald P. Chiari having moved for an extension of time to file and serve a reply brief and to adjourn oral argument on the appeal taken herein from an order of the Supreme Court, Erie County, entered June 9, 2022,
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 insofar as it seeks an extension of time to file and serve a reply brief is granted, and the time for Brown Chiari LLP, and Donald P. Chiari to file and serve a reply brief is extended to September 11, 2023, and
It is further ORDERED that the motion insofar as it seeks to adjourn oral argument is granted, and the appeal is removed from the Court's day calendar for September 6, 2023 and is added to the calendar for the term commencing October 16, 2023.
Entered: July 31, 2023
Ann Dillon Flynn
Clerk of the Court