State Insurance Fund v American Hardware Mutual Insura
Motion No: 2007-11020
Slip Opinion No: 2009 NYSlipOp 61384(U)
Decided on January 20, 2009
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81247

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-11020, 2007-11021

State Insurance Fund, respondent,

v American Hardware Mutual Insurance

Company, et al., appellants.

(Index No. 25718/98)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge their time to serve and file a supplemental record on appeals from a judgment of the Supreme Court, Nassau County, dated October 19, 2007, and an order of the same court dated October 22, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before January 20, 2009, the appellants shall serve and file a supplemental record containing (1) an order of the Supreme Court, Nassau County, dated September 10, 2004, and the papers submitted in support of and in opposition to the motion on which the order is based, and (2) a copy of the judgment dated October 19, 2007, and entered October 24, 2007, which is attached to the papers filed in support of the instant motion as Exhibit 1; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until February 20, 2009, and the respondent's brief must be served and filed on or before that date.

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court