NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER OAK FIRE INSURANCE COMPANY, V FERGUSON ELECTRIC SERVICE
Motion No: CA 11-00333
Slip Opinion No: 2011 NY Slip Op 67774(U)
Decided on March 23, 2011
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.


March 23, 2011

PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND GREEN, JJ.

DOCKET NO. CA 11-00333

NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER OAK

FIRE INSURANCE COMPANY, PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

FERGUSON ELECTRIC SERVICE COMPANY, INC. AND TEGG

CORPORATION, DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants having each moved for an extension of time to file and serve their briefs on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 27, 2010,

Now, upon reading and filing the affidavit of Mark P. Della Posta, Esq. sworn to March 10, 2011, the affidavit of Eric S. Bernhardt, Esq. sworn to March 10, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that the briefs are filed and served on or before April 11, 2011, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 26, 2011.

Entered: March 23, 2011

Patricia L. Morgan, Clerk