| VINCENT FALCO, V ALLSTATE INSURANCE COMPANY, . |
| Motion No: CA 09-01436 |
| Slip Opinion No: 2009 NY Slip Op 84146(U) |
| Decided on September 21, 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: MARTOCHE, J.P., CENTRA, PERADOTTO, GREEN, AND PINE, JJ.
DOCKET NO. CA 09-01436
| VINCENT FALCO, PETITIONER-RESPONDENT-APPELLANT, V ALLSTATE
INSURANCE COMPANY, DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff having moved to vacate the dismissal of the cross appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 12, 2008, and for an extension of time to file and serve his responding brief,
Now, upon reading and filing the affirmation of Linda J. Vogt dated September 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kristen B. Degnan dated September 14, 2009, 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 brief is filed and served on or before October 1, 2009, and
It is further ORDERED that the reply briefs, if any, shall be filed and served on or before October 16, 2009, and surreply briefs, if any, shall be filed and served on or before October 31, 2009.
Entered: September 21, 2009
Patricia L. Morgan, Clerk