Finkelstein v Lincoln National Corporation
Motion No: 2011-11295
Slip Opinion No: 2012 NY Slip Op 89724(U)
Decided on November 8, 2012
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M146093

E/sl

DANIEL D. ANGIOLILLO, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-11295

Harold Finkelstein, etc., et al., appellants-respondents,

v Lincoln National Corporation, defendant, Lincoln

Life & Annuity Company of New York, et al.,

respondents-appellants.

(Index No. 5372/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to file a supplemental record on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 30, 2011, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the respondents-appellants' time to serve and file a reply brief is enlarged until November 19, 2012, and the reply brief must be served and filed on or that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court