AMY MCCABE AND THOMAS MCCABE, V ST. PAUL FIRE AND MARINE INSURANCE COMPANY, . (APPEAL NO. 2.)
Motion No: CA 10-00091
Slip Opinion No: 2010 NY Slip Op 80654(U)
Decided on August 20, 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.


August 20, 2010

PRESENT: SMITH, J. P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-00091

AMY MCCABE AND THOMAS MCCABE,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

ST. PAUL FIRE AND MARINE INSURANCE COMPANY,

DEFENDANT-APPELLANT-RESPONDENT,

ET AL., DEFENDANT.

(APPEAL NO. 2.)


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 Erie on November 9, 2009,

Now, upon reading and filing the affirmation of Sharon Angelino, Esq. dated July 30, 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 August 26, 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 September 10, 2010.

Entered: August 20, 2010

Patricia L. Morgan, Clerk