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

DOCKET NO. CA 08-01630

VIVIAN STERN, DOING BUSINESS AS THE JEWELER, PLAINTIFF-APPELLANT, V THE CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY CORPORATION, CITIGROUP INSURANCE COMPANIES, TRAVELERS GROUP, DEFENDANTS-RESPONDENTS.

Respondent The Carter Oak Fire Insurance Company having moved to strike the record on appeal, or in the alternative 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 Onondaga on May 6, 2008,

Now, upon reading and filing the affidavit of R. Anthony Rupp III sworn to August 20, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Robert Stern sworn to August 26, 2008, the opposing affidavits of Carl E. Worboys sworn to August 26, 2008 and September 5, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the brief shall be filed and served on or before October 9, 2008, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 24, 2008.

Entered: September 10, 2008

JoAnn M. Wahl, Clerk