ALAN G. JERGE AND LAUREL AND HARDY CAFE, INC. V PENN-AMERICA GROUP, INC., PENN-STAR INSURANACE COMPANY AND UNITED
Motion No: CA 10-02188
Slip Opinion No: 2010 NY Slip Op 90817(U)
Decided on December 13, 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.


December 13, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 10-02188

ALAN G. JERGE AND LAUREL AND HARDY CAFE, INC.,

PLAINTIFFS-RESPONDENTS,

V

PENN-AMERICA GROUP, INC., PENN-STAR INSURANACE COMPANY AND

UNITED AMERICA INDEMNITY, LTD., DEFENDANTS-APPELLANTS,

RONALD BRANIA, SR. AND DARLENE BRANIA,

DEFENDANTS-RESPONDENTS.


Defendants-respondents having moved to enlarge the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 2, 2010,

Now, upon reading and filing the affirmations of Paul B. Becker, Esq. dated November 9, 2010, and November 18, 2010, the notice of motion with proof of service thereof, the affirmation of Judith Treger Shelton, Esq. dated November 17, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied (see 22 NYCRR 1000.4 [a] [1] [ii]).

Entered: December 13, 2010

Patricia L. Morgan, Clerk