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 63868(U)
Decided on February 17, 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.


February 17, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PINE, AND GORSKI, 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,

FEBRUARY 17, 2009

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.)


Appellants having moved for an extension of time to file and serve a reply 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 Debra A. Norton dated January 23, 2009, 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, on the condition that the reply brief is filed and served on or before February 27, 2009, and the Clerk is directed to accept the reply brief for filing.

Entered: February 17, 2009

JoAnn M. Wahl, Clerk