DOLE FOOD COMPANY, INC., AND DOLE FRESH FRUIT COMPANY V LINCOLN GENERAL INSURANCE COMPANY AND LEONARD'S EXPRESS, INC.
Motion No: CA 08-02075
Slip Opinion No: 2009 NYSlipOp 69791(U)
Decided on April 13, 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.


April 13, 2009

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

DOCKET NO. CA 08-02075

DOLE FOOD COMPANY, INC., AND DOLE FRESH FRUIT COMPANY,

PLAINTIFFS-RESPONDENTS,

V

LINCOLN GENERAL INSURANCE COMPANY AND LEONARD'S EXPRESS,

INC., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANT.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 17, 2008,

Now, upon reading and filing the affidavit of Regina A. DelVecchio sworn to April 2, 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 condition that the brief is filed and served on or before May 13, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 28, 2009.

Entered: April 13, 2009

Patricia L. Morgan, Deputy Clerk