| United Services Automobile Association v Wiley |
| Motion No: 2007-07515 |
| Slip Opinion No: 2008 NYSlipOp 78724(U) |
| Decided on July 25, 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. |
Appellate Division: Second Judicial Department
M73585
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-07515 United Services Automobile Association, plaintiff-respondent, v Ed Wiley, et al., defendants-respondents, Kate O'Brian, et al., appellants, et al., defendant. (Action No. 1) Edward Powers, etc., respondent-appellant, Molly Spencer, plaintiff-respondent, v Ed Wiley, etc., et al., defendants-responds, Kate O'Brian, et al., appellants-respondents, et al., defendant. (Action No. 2) State Farm Fire & Casualty Company, etc., respondent, v Ed Wiley Slate Co., et al., defendants, Eastchester Fire District, appellant. (Action No. 3) State Farm Fire & Casualty Company, etc., respondent, v Village of Bronxville, et al., defendants, Eastchester Fire District, appellant. (Action No. 4) (Index Nos. 03-11608, 03-16328, 04-2638, 04-3205)
| DECISION & ORDER ON MOTION |
Motion by State Farm Fire & Casualty Company to enlarge the record on appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated July 13, 2007, to include an order of the Supreme Court, Westchester County, dated October 25, 2007, and its amended bill of particulars, served pursuant to the order dated October 25, 2007. Application by Edward Powers pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that Edward Powers shall serve and file his answering brief, including his points of argument on the cross appeal, on or before August 18, 2008 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their respective briefs on or before September 22, 2008; and it is further,
ORDERED that the appellant and the appellants-respondents shall serve and file their respective reply briefs on or before October 27, 2008; and it is further,
ORDERED that the Edward Powers's reply brief, if any, shall be served and filed on or before November 12, 2008.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court