Matter of Encompass Indemnity Company v USAA Casualty
Motion No: 2007-10007
Slip Opinion No: 2008 NYSlipOp 67150(U)
Decided on March 20, 2008
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67921

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-10007, 2007-10010

In the Matter of Encompass Indemnity Company,

petitioner-respondent, v USAA Casualty Insurance

Company, appellant, et al., respondent.

(Appeal No. 1)

USAA Casualty Insurance Company, appellant,

v Encompass Indemnity Company, respondent.

(Appeal No. 2)

(Index Nos. 07-11478, 07-12515)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, both dated October 2, 2007. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the motion and application are granted; and it is further,

ORDERED that the parties shall serve and file 10 copies of the record on appeal and the briefs; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 9, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court