DONALD J. TERWILLIGER, ADMINISTRATOR OF THE ESTATE OF DONALD R. TERWILLIGER, DECEASED V BEAZER EAST, INC., THE COMPANY
Motion No: CA 16-00947
Slip Opinion No: 2016 NY Slip Op 79583(U)
Decided on July 11, 2016
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.


July 11, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00947

DONALD J. TERWILLIGER, ADMINISTRATOR OF THE ESTATE OF

DONALD R. TERWILLIGER, DECEASED, PLAINTIFF-RESPONDENT,

V

BEAZER EAST, INC., THE COMPANY FORMERLY KNOWN AS KOPPERS

COMPANY, INC., ET AL., DEFENDANTS,

HONEYWELL INTERNATIONAL, INC., SUCCESSOR IN INTEREST TO

WILPUTTE COKE OVEN DIVISION OF ALLIED CHEMICAL CORPORATION,

DEFENDANT-APPELLANT.


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 Erie on March 8, 2016,

Now, upon reading and filing the affidavit of Dennis P. Harlow, Esq., sworn to June 30, 2016, 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 August 8, 2016, 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 August 23, 2016.

Entered: July 11, 2016

Frances E. Cafarell, Clerk