| DENNIS LEBARON, DOING BUSINESS AS AAA DRAIN CLEANING, V ERIE INSURANCE COMPANY AND MICHAEL E. PIONTKOWSKI, . |
| Motion No: CA 08-01444 |
| Slip Opinion No: 2008 NYSlipOp 91614(U) |
| Decided on December 3, 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. |
PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-01444
| DENNIS LEBARON, DOING BUSINESS AS AAA DRAIN CLEANING,
PLAINTIFF-APPELLANT-RESPONDENT, V ERIE INSURANCE COMPANY AND MICHAEL E. PIONTKOWSKI,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Respondents-appellants having moved for an extension of time to file and serve a surreply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 13, 2007, and to strike the reply brief of appellant-respondent,
Now, upon reading and filing the affidavit of Marco Cercone sworn to October 27, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Jacob P. Welch sworn to November 5, 2008, the reply affidavit of Marco Cercone sworn to November 6, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extnet that the appendix is hereby deemed to be stricken from the reply brief (see generally People v Wilson, 227 AD2d 994 [1996]), and the surreply brief shall be filed and served on or before December 18, 2008.
Entered: December 3, 2008
JoAnn M. Wahl, Clerk