| Merchants Insurance Group v Hudson Valley Fire Protecti |
| Motion No: 2009-10253 |
| Slip Opinion No: 2009 NY Slip Op 90406(U) |
| Decided on December 7, 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. |
Appellate Division: Second Judicial Department
M95591
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-10253 Merchants Insurance Group, etc., respondent, v Hudson Valley Fire Protection Co., Inc., appellant. (Index No. 09-2295)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 27, 2009. Cross motion by the respondent to dismiss the appeal on the ground that the notice of appeal is procedurally defective, and for an award of an attorney's fee and costs. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition thereto, and the application, it is
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 14, 2010.
RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court