| BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT |
| Motion No: CA 18-01773 |
| Slip Opinion No: 2018 NY Slip Op 91554(U) |
| Decided on December 17, 2018 |
| 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. |
PRESENT: SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.
DOCKET NO. CA 18-01773
| BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF
AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC.,
PLAINTIFFS-RESPONDENTS, V CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC.,
DEFENDANTS-APPELLANTS. LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED
STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA,
INC., AND ALL OTHER NAMED INSUREDS UNDER POLICY #12944761, PLAINTIFFS-RESPONDENTS, V CREATIVE COMFORT SYSTEMS, INC., AND
REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. |
Appellants 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 Niagara on April 10, 2018,
Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to December 4, 2018, 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 reply brief is filed and served on or before January 7, 2019, and the Clerk is directed to accept the brief for filing.
Entered: December 17, 2018
Mark W. Bennett, Clerk