| 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. |
Appellate Division: Second Judicial Department
M257821
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
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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