Bennett v State Farm Fire and Casualty Company
Motion No: 2018-09306
Slip Opinion No: 2018 NY Slip Op 89524(U)
Decided on November 28, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257821

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-09306, 2018-09307

Richard Bennett, et al., plaintiffs-respondents,

v State Farm Fire and Casualty Company,

et al., defendants, Creative Landscaping

by Cow Bay, Inc., appellant, Lewis Oil Company,

et al., defendants-respondents (and other titles).

(Index No. 10385/13)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents for a preference in the calendaring of appeals from two orders of the Supreme Court, Nassau County, entered July 13, 2018, and July 17, 2018, respectively, and, in effect, to enlarge the record to include certain documents. Cross motion by the appellant to strike certain portions of the plaintiffs-respondents' brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for a preference is granted and the appeals will be calendared expeditiously; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., LEVENTHAL, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court