| LATTIMORE ROAD SURGICENTER, INC. V MERCHANTS GROUP, INC., MERCHANTS INSURANCE GROUP AND MERCHANTS MUTUAL INSURANCE |
| Motion No: CA 09-01601 |
| Slip Opinion No: 2009 NY Slip Op 83312(U) |
| Decided on September 16, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01601
| LATTIMORE ROAD SURGICENTER, INC., PLAINTIFF-APPELLANT, V
MERCHANTS GROUP, INC., MERCHANTS INSURANCE GROUP AND MERCHANTS MUTUAL INSURANCE COMPANY,
DEFENDANTS-RESPONDENTS. |
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 Monroe on May 21, 2009,
Now, upon reading and filing the affidavit of Anthony G. Marecki sworn to September 3, 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 October 15, 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 October 30, 2009.
Entered: September 16, 2009
Patricia L. Morgan, Clerk