Benedict v Whitman Breed Abbott & Morgan
Motion No: 2007-07402
Slip Opinion No: 2008 NYSlipOp 69447(U)
Decided on April 18, 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

M69252

J/sl

2007-07402, 2007-07403, 2007-07404

Patricia E. Benedict, etc., et al., plaintiffs,

v Whitman Breed Abbott & Morgan, etc., et al.,

defendants/counterclaim-defendants respondents,

et al., defendants, Richard A. Piemonte, defendant/

third-party plaintiff; Elena Duke Benedict, third-party

defendant/plaintiff on the counterclaims appellant.

(Appeal No. 1)

Patricia E. Benedict, etc., et al., plaintiffs,

v Whitman Breed Abbott & Morgan, etc., et al.,

defendants, Peter J. Repetti & Co., et al.,

defendants/counterclaim-defendants respondents,

Richard A. Piemonte, defendant/third-party plaintiff;

Elena Duke Benedict, third-party defendant/plaintiff

on the counterclaims appellant.

(Appeal No. 2)

Patricia E. Benedict, etc., et al., plaintiffs,

v Whitman Breed Abbott & Morgan, etc., et al.,

defendants, Richard A. Piemonte, defendant/

third-party plaintiff respondent-appellant; Elena Duke

Benedict, third-party defendant-appellant.

(Appeal No. 3)

(Index No. 1514/97)

ORDER ON APPLICATION

Application by Elena Duke Benedict on appeals from two orders of the Supreme Court, Westchester County, both dated June 28, 2007, and an appeal and cross appeal from an order of the same court also dated June 28, 2007, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

ORDERED that the application is granted and the time of Elena Duke Benedict to serve and file a reply brief is enlarged until May 5, 2008, and the reply brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court