IN THE MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION
Motion No: CA 11-01911
Slip Opinion No: 2011 NY Slip Op 89128(U)
Decided on November 9, 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.


November 9, 2011

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

DOCKET NO. CA 11-01911

IN THE MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS

LITIGATION



LINDA FISCHER, AS EXECUTOR OF THE ESTATE OF ROBERT A.

FREIHEIT, DECEASED, PLAINTIFF-RESPONDENT,

V

AMERICAN PREMIUM UNDERWRITERS, INC., ET AL., DEFENDANTS,

KOHLER CO., DEFENDANT-APPELLANT.


Respondent having moved for an extension of time to file and serve a 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 January 4, 2011,

Now, upon reading and filing the affidavit of Dennis P. Harlow, Esq., sworn to October 24, 2011, 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 November 14, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 29, 2011.

Entered: November 9, 2011

Patricia L. Morgan, Clerk