ALAN G. JERGE AND LAUREL AND HARDY CAFE, INC. V PENN-AMERICA GROUP, INC., PENN-STAR INSURANCE COMPANY AND UNITED
Motion No: CA 10-02188
Slip Opinion No: 2010 NY Slip Op 91847(U)
Decided on December 23, 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 23, 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 INSURANCE COMPANY AND

UNITED AMERICA INDEMNITY, LTD., DEFENDANTS-APPELLANTS,

RONALD BRANIA, SR. AND DARLENE BRANIA,

DEFENDANTS-RESPONDENTS.


Plaintiffs having moved for an extension of time to file and serve a respondents' brief 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, and for other relief,

Now, upon reading and filing the affidavit of Michael G. Cooper, Esq. sworn to December 3, 2010, and 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 the condition that the brief is filed and served on or before December 30, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs addressing plaintiffs' respondents' brief, if any, shall be filed and served on or before January 14, 2011.

Entered: December 23, 2010

Patricia L. Morgan, Clerk