PROGRESSIVE INSURANCE COMPANY, V MICHELLE STROUGH, .
Motion No: CA 07-00269
Slip Opinion No: 2008 NYSlipOp 69880(U)
Decided on April 21, 2008
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.


April 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-00269

PROGRESSIVE INSURANCE COMPANY,

PLAINTIFF-APPELLANT-RESPONDENT,

V

MICHELLE STROUGH, DEFENDANT-RESPONDENT-APPELLANT.


Appellant-respondent having moved for an extension of time to file and serve a reply 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 December 19, 2006,

Now, upon reading and filing the affirmation of Steven E. Peiper dated April 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of John B. Licata dated April 18, 2008, 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 reply brief is filed and served on or before April 30, 2008, and the Clerk is directed to accept the reply brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before May 15, 2008.

Entered: April 21, 2008

JoAnn M. Wahl, Clerk