ANTHONY SEYMOUR V BEAZER EAST, INC., DOMTAR CORPORATION AND HONEYWELL INTERNATIONAL, INC. NIAGARA INSULATIONS, INC. .
Motion No: CA 12-01809
Slip Opinion No: 2012 NY Slip Op 92535(U)
Decided on November 30, 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.


November 30, 2012

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

DOCKET NO. CA 12-01809

ANTHONY SEYMOUR, PLAINTIFF-RESPONDENT,

V

BEAZER EAST, INC., DOMTAR CORPORATION AND

HONEYWELL INTERNATIONAL, INC., DEFENDANTS-APPELLANTS,

NIAGARA INSULATIONS, INC., ET AL., DEFENDANTS.


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 Niagara on August 13, 2012, and

Appellants having cross-moved to expedite the appeal from the order entered August 13, 2012,

Now, upon reading and filing the affidavit of Dennis P. Harlow, Esq., sworn to October 26, 2012, the affirmation of Thomas S. D'Antonio, Esq., dated November 8, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file a respondent's brief is granted on the condition that the brief is filed and served on or before December 28, 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 January 14, 2013, and

It is further ORDERED that the cross motion is denied.

Entered: November 30, 2012

Frances E. Cafarell, Clerk