| MIDSTATE MUTUAL INSURANCE COMPANY, AS SUBROGEE OF DOREEN L. TOPOREK AND MICHAEL L. RUI V CAMP ROAD TRANSMISSIONS, INC. |
| Motion No: CA 12-00961 |
| Slip Opinion No: 2012 NY Slip Op 76724(U) |
| Decided on June 21, 2012 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00961
| MIDSTATE MUTUAL INSURANCE COMPANY, AS SUBROGEE OF DOREEN L.
TOPOREK AND MICHAEL L. RUI, PLAINTIFF-APPELLANT, V CAMP ROAD TRANSMISSIONS, INC., DEFENDANT, AND LAKESHORE TIRE & AUTO, INC.,
DEFENDANT-RESPONDENT. (ACTION NO. 1.) DOREEN L. TOPOREK AND MICHAEL L. RUI, PLAINTIFFS-APPELLANTS, V CAMP
ROAD TRANSMISSIONS, INC., DEFENDANT, AND LAKESHORE TIRE & AUTO, INC., DEFENDANT-RESPONDENT. (ACTION NO.
2.) |
Respondent Lakeshore Tire & Auto, Inc., having moved for an extension of time to file and serve a brief in response to both appeals taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2011,
Now, upon reading and filing the affidavit of Sean W. Costello, Esq., sworn to June 5, 2012, 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 September 5, 2012, 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 September 20, 2012.
Entered: June 21, 2012
Frances E. Cafarell, Clerk