Appellate Division: Second Judicial Department

M120400

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-04620, 2010-05133, 2010-05134 2010-05136, 2010-05138, 2010-08037 St. Paul's Travelers Companies, Inc., etc., plaintiff-respondent, v Joseph Mauro & Son, Inc., appellant, Shore Drugs, Inc., defendant- respondent. (Action No. 1) Granite State Insurance Co., etc., plaintiff- respondent, v Blanche, Verte & Blanche, Ltd., defendant, Joseph Mauro & Son, Inc., appellant, Shore Drugs, Inc., defendant-respondent. (Action No. 2) Hartford Insurance Company, etc., plaintiff- respondent, v Blanche, Verte & Blanche, Ltd., defendant, Joseph Mauro & Son, Inc., appellant, Shore Drugs, Inc., defendant-respondent. (Action No. 3) Utica First Insurance Company, etc., plaintiff- respondent, v Blanche, Verte & Blanche, Ltd., defendant, Joseph Mauro & Son, Inc., appellant, Shore Drugs, Inc., defendant-respondent. (Action No. 4) Utica First Insurance Company, etc., plaintiff- respondent, v Blanche, Verte & Blanche, Ltd., defendant, Joseph Mauro & Son, Inc., appellant, Shore Drugs, Inc., defendant-respondent. (Action No. 5) Travelers Indemnity Company of America, as subrogee of Shore Drugs, Inc., respondent, v Joseph Mauro & Sons, Inc., appellant. (Action No. 6) (Index Nos. 23620-04, 14657-04, 11240-04 14659-04, 14660-04, 22120-05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated May 18, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Separate applications by Granite State Insurance Co., Travelers Indemnity Company of America, as subrogee of Shore Drugs, Inc., Hartford Insurance Company, and Utica First Insurance Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their briefs on appeals from five orders of the Supreme Court, Suffolk County, all dated April 16, 2010, and an appeal from an order of the same court dated June 30, 2010. Separate application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the applications, the papers filed in relation to the respondents' applications, and no papers having been filed in opposition or in relation to the appellant's application, it is

ORDERED that the applications of Granite Insurance Co., Travelers Indemnity Company of America, as subrogee of Shore Drugs, Inc., Hartford Insurance Company, and Utica First Insurance Company are granted and the time to serve and file their briefs is enlarged until June 20, 2011, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that the appellant's application is denied as premature.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court