Kraker v Consolidated Edison Company of New York
Motion No: 2008-08798
Slip Opinion No: 2009 NY Slip Op 81877(U)
Decided on August 28, 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

M91372

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-08798

Joseph Kraker, et al., plaintiffs-respondents,

v Consolidated Edison Company of New York,

defendant third-party plaintiff second third-party

plaintiff third third-party defendant-appellant;

Welsbach Electric Corp., third-party defendant;

City of New York, Inc., second third-party

defendant-respondent; Aerolife, etc., et al.,

third third-party defendants.

(Index No. 30592/01)

DECISION & ORDER ON MOTION

Motion by Joseph Kraker and Connie Kraker on an appeal from an order of the Supreme Court, Queens County, entered August 18, 2008, for leave to file a replacement brief.

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

ORDERED that the motion is granted, the brief filed by Joseph Kraker and Connie Kraker on July 21, 2009, is stricken, and on or before September 10, 2009, they shall file a replacement brief; and it is further,

ORDERED that Consolidated Edison Company of New York may file a replacement reply brief, if it be so advised, on or before September 21, 2009.

FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court