| 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 77542(U) |
| Decided on July 19, 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. |
PRESENT: MARTOCHE, J.P., CARNI, 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.) |
Respondent Kenyon Fitzgerald, Jr. having moved for a second 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 affidavit of Kenyon B. Fitzgerald, Jr. sworn to June 14, 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 to the extent that the first ordering paragraph of the order of this Court entered May 28, 2010 is hereby amended by deleting the date June 16, 2010 and inserting in its place the date September 16, 2010, and
It is further ORDERED that second ordering paragraph is hereby amended by deleting the date July 1, 2010, and inserting October 1, 2010, and
It is further ORDERED that the appeal is removed from the day calendar of this Court for September 14, 2010, and moved to the term of this Court commencing October 18, 2010.
Entered: July 19, 2010
Patricia L. Morgan, Clerk