Blue Ridge Insurance Company v Empire Contracting and
Motion No: 2010-01145
Slip Opinion No: 2010 NY Slip Op 83402(U)
Decided on September 24, 2010
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108776

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-01145

Blue Ridge Insurance Company, respondent,

v Empire Contracting and Sales Co., Inc., appellant,

et al., defendant.

(Index No. 20117-01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, November 9, 2009, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 25, 2010, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court