ELLICOTT MAINTENANCE, INC. V ESSEX INSURANCE COMPANY DAVID DELPRINCE, .
Motion No: CA 08-01915
Slip Opinion No: 2008 NYSlipOp 88938(U)
Decided on November 10, 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.


November 10, 2008

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

DOCKET NO. CA 08-01915

ELLICOTT MAINTENANCE, INC., PLAINTIFF-RESPONDENT,

V

ESSEX INSURANCE COMPANY, DEFENDANT-APPELLANT, DAVID

DELPRINCE, DEFENDANT-RESPONDENT-APPELLANT, ET AL.,

DEFENDANTS.


Defendant-appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2008,

Now, upon reading and filing the affidavit of Steven E. Peiper sworn to October 31, 2008, the notice of motion with proof of service thereof, 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 first ordering paragraph of the order of this Court entered September 23, 2008 is hereby amended by deleting the date November 3, 2008 and inserting in its place the date January 5, 2009.

Entered: November 10, 2008

JoAnn M. Wahl, Clerk