| CYNTHIA POWELL, ADMINISTRATRIX OF THE ESTATE OF JOHN DANIEL POWELL, DECEASED, NATIONAL GRANGE MUTUAL INSURANCE, AS |
| Motion No: CA 07-01930 |
| Slip Opinion No: 2007 NYSlipOp 83178(U) |
| Decided on November 7, 2007 |
| 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: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01930
| CYNTHIA POWELL, ADMINISTRATRIX OF THE ESTATE OF JOHN DANIEL
POWELL, DECEASED, NATIONAL GRANGE MUTUAL INSURANCE, AS SUBROGEE OF DONALD PAULEY, JOHN PAULEY AND WILLIAM AND DARYL
WADSWORTH, PLAINTIFFS-RESPONDENT V A & L, INC., DEFENDANT-RESPONDENT-APPELLANT, BENCHLEY CONTRACTING & RENTAL CORPORATION,
DEFENDANT-RESPONDENT, AND CENTRAL LOCATING SERVICE LTD., DEFENDANT-APPELLANT-RESPONDENT. |
Respondent Benchley Contracting & Rental Corporation having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 20, 2007,
Now, upon reading and filing the affirmation of James Plousadis dated October 22, 2007, the notice of motion with proof of service thereof, the opposing affirmation of
Susan E. Stakowski dated October 31, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before November 29, 2007, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 14, 2007.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk