CHARLES R. FOTHERINGHAM V RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK, FORMERLY KNOWN AS IDS LIFE INSURANCE OF NEW YORK
Motion No: CA 16-01251
Slip Opinion No: 2016 NY Slip Op 83602(U)
Decided on August 22, 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.


August 22, 2016

PRESENT: WHALEN, CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-01251

CHARLES R. FOTHERINGHAM, PLAINTIFF-APPELLANT,

V

RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK, FORMERLY KNOWN

AS IDS LIFE INSURANCE OF NEW YORK, AND AMERIPRISE FINANCIAL

SERVICES, INC., FORMERLY KNOWN AS AMERICAN EXPRESS

FINANCIAL ADVISORS, DEFENDANTS-RESPONDENTS.


Respondents 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 January 26, 2016,

Now, upon reading and filing the affirmation of Joanna J. Chen, Esq., dated August 12, 2016, the notice of motion with proof of service thereof, and the affirmation of James I. Meyers, Esq., dated August 17, 2016, 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 September 26, 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 October 24, 2016.

Entered: August 22, 2016

Frances E. Cafarell, Clerk