NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY, AN
Motion No: NOS. CA 08-00882 AND CA 08-00884
Slip Opinion No: 2009 NYSlipOp 60307(U)
Originally decided on January 6, 2009
As amended January 8, 2009
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.


January 8, 2009
(Amended)

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

DOCKET NOS. CA 08-00882 AND CA 08-00884
DOCKET NOS. CA 08-00882 AND CA 08-00884PAGE 2

NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO

KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY,

AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY

ALSO KNOWN AS MCCAULEY AND TROY HARRINGTON, AN INFANT BY

HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS

MCCAULEY, PLAINTIFFS-APPELLANTS,

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND

REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE

(MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER

AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR,

ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER),

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


DEBBIE WHEATON, INDIVIDUALLY AND JAMIE WHEATON, AN INFANT

BY HER MOTHER AND NATURAL GUARDIAN DEBBIE WHEATON,

PLAINTIFFS-APPELLANTS,

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND

REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE

(MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER

AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR,

ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER),

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 1.)

——————————————————————& mdash;—————————————————————&m dash;——————————-

NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS MCCAULEY AND TROY HARRINGTON, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS MCCAULEY, PLAINTIFFS-APPELLANTS,

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

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE (MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR, ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER), DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

——————————————————————& mdash;————

DEBBIE WHEATON, INDIVIDUALLY AND JAMIE WHEATON, AN INFANT BY HER

MOTHER AND NATURAL GUARDIAN DEBBIE WHEATON, PLAINTIFFS-APPELLANTS,

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND REPAIR, INC., FLEETWOOD ENTERPRISES, INC., AND JOHN DOE (MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR, ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER), DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Respondents James Schum, Scott Zenkel, and Stacey's Camper Rental and Repair, Inc. having moved for an extension of time to file and serve a brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 15, 2007 and January 29, 2008,

Now, upon reading and filing the affirmation of Deborah A. Chimes dated December 23, 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, and the Clerk is directed to accept the brief for filing..

Entered: January 8, 2009

JoAnn M. Wahl, Clerk