THOMAS JOHNSON, INC., V THE STATE INSURANCE FUND, .
Motion No: CA 11-00396
Slip Opinion No: 2011 NY Slip Op 81306(U)
Decided on August 11, 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.


August 11, 2011

PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 11-00396

THOMAS JOHNSON, INC., PLAINTIFF-APPELLANT-RESPONDENT,

V

THE STATE INSURANCE FUND, DEFENDANT-RESPONDENT-APPELLANT.


Plaintiff having moved for an extension of time to file and serve a reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 20, 2010,

Now, upon reading and filing the affidavit of Kevin A. Lane, Esq., sworn to July 25, 2011, the notice of motion with proof of service thereof, and the affirmation of David B. Hamm, Esq., dated July 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before August 12, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the defendant shall file and serve its surreply brief, if any, on or before September 2, 2011, and the Clerk is directed to accept the brief for filing.

Entered: August 11, 2011

Patricia L. Morgan, Clerk