WALTER R. BAKOS V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY
Motion No: CA 10-01116
Slip Opinion No: 2010 NY Slip Op 87652(U)
Decided on September 30, 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.


September 30, 2010

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

DOCKET NO. CA 10-01116

WALTER R. BAKOS, PLAINTIFF-RESPONDENT,

V

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,

DEFENDANT-APPELLANT.


Respondent having moved to reschedule oral argument of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 21, 2009,

Now, upon reading and filing the affidavit of Lawrence C. Brown, Esq., sworn to September 17, 2010, the notice of motion with proof of service thereof, the statement of Marco Cercone, Esq., dated September 24, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is removed from the day calendar for October 27, 2010, and is added to the day calendar for December 3, 2010.

Entered: September 30, 2010

Patricia L. Morgan, Clerk