| BERTHA DAIL, AS EXECUTOR OF ESTATE OF LOUIS R. WHITE, JR., DECEASED V MERCHANTS MUTUAL INSURANCE COMPANY |
| Motion No: CA 09-02231 |
| Slip Opinion No: 2009 NY Slip Op 92212(U) |
| Decided on December 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: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02231
| BERTHA DAIL, AS EXECUTOR OF ESTATE OF LOUIS R. WHITE, JR., DECEASED,
PLAINTIFF-RESPONDENT, V MERCHANTS MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 20, 2009,
Now, upon reading and filing the affidavit of Marco Cercone sworn to December 10, 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 reply brief is filed and served on or before December 30, 2009, and the Clerk is directed to accept the reply brief for filing.
Entered: December 21, 2009
Patricia L. Morgan, Clerk