MICHAEL HENNER AND ELIZABETH HENNER V EVERDRY MARKETING AND MANAGEMENT, INC , AND GEMINI INSURANCE COMPANY
Motion No: CA 09-01832
Slip Opinion No: 2010 NY Slip Op 63050(U)
Decided on February 8, 2010
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.


February 8, 2010

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 09-01832

MICHAEL HENNER AND ELIZABETH HENNER, PLAINTIFFS-APPELLANTS,

V

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

AND GEMINI INSURANCE COMPANY, DEFENDANT-RESPONDENT.


Respondent 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 December 29, 2008,

Now, upon reading and filing the affirmation of Nancy Davis Lyness dated January 19, 2010, 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 February 19, 2010, 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 March 5, 2010.

Entered: February 8, 2010

Patricia L. Morgan, Clerk