MICHAEL HENNER AND ELIZABETH HENNER V EVERDRY MARKETING AND MANAGEMENT, INC , AND GEMINI INSURANCE COMPANY MICHAEL
Motion No: NOS. CA 09-01832 AND CA 09-01833 (CORRECTED)
Slip Opinion No: 2009 NY Slip Op 86605(U)
Decided on October 20, 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.


October 20, 2009

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

DOCKET NOS. CA 09-01832 AND CA 09-01833 (CORRECTED)

MICHAEL HENNER AND ELIZABETH HENNER, PLAINTIFFS-APPELLANTS,

V

EVERDRY MARKETING AND MANAGEMENT, INC, ET AL., DEFENDANTS,

AND

GEMINI INSURANCE COMPANY, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

MICHAEL HENNER AND ELIZABETH HENNER,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

EVERDRY MARKETING AND MANAGEMENT, INC, ET AL., DEFENDANTS,

CONTINENTAL CASUALTY COMPANY, TRANSPORTATION INSURANCE

COMPANY, AND AMERICAN CASUALTY COMPANY OF READING, PA,

DEFENDANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 2.)


Plaintiffs having moved for an extension of time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 29, 2008 and January 12, 2009,

Now, upon reading and filing the affirmation of Alan J. Knauf dated October 6, 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 and plaintiffs shall perfect the appeals on or before November 30, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: October 20, 2009

Patricia L. Morgan, Clerk