BROWN & BROWN, INC., AND BROWN & BROWN OF NEW YORK, INC., V THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, .
Motion No: CA 17-00082
Slip Opinion No: 2017 NY Slip Op 73433(U)
Decided on May 8, 2017
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.


May 8, 2017

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

DOCKET NO. CA 17-00082

BROWN & BROWN, INC., AND BROWN & BROWN OF NEW YORK, INC.,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC,

DEFENDANTS-RESPONDENTS-APPELLANTS.


Plaintiffs having moved for an extension of time to file and serve a reply 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 August 25, 2016, and defendants having cross-moved for an extension of time to file and serve a sur-reply brief,

Now, upon reading and filing the affirmation of Michael A. Cabin, Esq., dated April 20, 2017, the affirmation of Preston L. Zarlock, Esq., dated May 1, 2017, 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 plaintiffs' motion is granted on the condition that the reply brief is filed and served on or before May 23, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that defendants' cross motion is granted and the sur-reply shall be filed and served on or before June 7, 2017, and the Clerk is directed to accept the sur-reply for filing.

Entered: May 8, 2017

Frances E. Cafarell, Clerk