| KEMPER INDEPENDENCE INSURANCE COMPANY, V LENORE ELLIS, AS ADMINISTRATRIX OF THE ESTATE OF CHRISTOPHER SPACK, DECEASED |
| Motion No: CA 14-01957 |
| Slip Opinion No: 2014 NY Slip Op 94560(U) |
| Decided on December 29, 2014 |
| 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 14-01957
| KEMPER INDEPENDENCE INSURANCE COMPANY,
PLAINTIFF-RESPONDENT-APPELLANT, V LENORE ELLIS, AS ADMINISTRATRIX OF THE ESTATE OF CHRISTOPHER SPACK,
DECEASED, DEFENDANT-APPELLANT-RESPONDENT, WILLIAM L. LEVEA, DEFENDANT-RESPONDENT, ET AL.,
DEFENDANTS. |
Plaintiff having moved for an extension of time to file and serve a respondent's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 30, 2014, and for an extension of time to perfect its appeal taken from said order,
Now, upon reading and filing the affirmation of Steven E. Peiper, Esq., dated December 8, 2014, and the notice of 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 and serve a respondent's brief is granted on condition that the brief is filed and served on or before January 28, 2015, 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 February 13, 2015, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect plaintiff's appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: December 29, 2014
Frances E. Cafarell, Clerk