UTICA MUTUAL INSURANCE COMPANY V MCATEER & FITZGERALD, INC., KENYON FITZGERALD, JR., - . UTICA MUTUAL INSURANCE
Motion No: CA 09-02448
Slip Opinion No: 2010 NY Slip Op 73839(U)
Decided on May 28, 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.


May 28, 2010

PRESENT: MARTOCHE, J.P., CENTRA, GREEN, PINE, AND GORSKI, JJ.

DOCKET NO. CA 09-02448
DOCKET NO. CA 09-02449

UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT,

V

MCATEER & FITZGERALD, INC., KENYON FITZGERALD, JR.,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANT. (APPEAL NO. 1.)

UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT,

V

MCATEER & FITZGERALD, INC., KENYON FITZGERALD, JR.,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANT. (APPEAL NO. 2.)


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 7, 2009 and October 19, 2009,

Now, upon reading and filing the affirmation of Philip M. Chiappone, Esq. dated April 29, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before June 16, 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 July 1, 2010.

Entered: May 28, 2010

Patricia L. Morgan, Clerk