| Matter of Utica Mutual Insurance Company v Burrous |
| Motion No: 2012-08982 |
| Slip Opinion No: 2013 NY Slip Op 89616(U) |
| Decided on October 25, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M164331
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-08982 In the Matter of Utica Mutual Insurance Company, petitioner-respondent, v Kathleen Burrous, etc., appellant, State Farm Insurance Company, respondent-respondent. (Index No. 1281/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated January 9, 2006, as untimely taken, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondent-respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the petitioner-respondent's motion which is to dismiss the appeal, and the respondent-respondent's motion for that relief, are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge petitioner-respondent s time to serve and file a brief is granted, the petitioner-respondent s time to serve and file a brief is enlarged until November 25, 2013, and the petitioner-respondent's brief must be served and filed on or before that date.
ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court