UTICA MUTUAL INSURANCE COMPANY V ALFA MUTUAL INSURANCE COMPANY, ABEILLE GENERAL INSURANCE COMPANY, NOW KNOWN AS 21ST
Motion No: CA 18-01938
Slip Opinion No: 2019 NY Slip Op 65939(U)
Decided on March 14, 2019
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.


March 14, 2019

PRESENT: WHALEN, P.J., CENTRAL, LINDLEY, TROUTMAN, AND WINSLOW, JJ.

DOCKET NO. CA 18-01938

UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT,

V

ALFA MUTUAL INSURANCE COMPANY, ABEILLE GENERAL INSURANCE

COMPANY, NOW KNOWN AS 21ST CENTURY NATIONAL INSURANCE CO.,

FINANCIAL SECURITY ASSURANCE OF IOWA, INC., NOW KNOWN AS

ADVANTAGE WORKERS COMPENSATION INSURANCE COMPANY, ECRA POOL

MEMBERS, INSURANCE COMPANY OF NORTH AMERICA AND AETNA

INSURANCE COMPANY, ET AL., DEFENDANTS-RESPONDENTS.


Respondents Insurance Company of North America and Aetna Insurance Company having moved for the admission pro hac vice of Jonathan Hacker, Esq. for purposes of the appeal taken herein from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on March 16, 2018, and respondents former members of the Excess and Casualty Reinsurance Association having moved to strike the brief filed by Insurance Company of North America and Aetna Insurance Company,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is insofar as it seeks to strike the brief is granted and the brief filed by Insurance Company of North America and Aetna Insurance Company is deemed stricken (see CPLR 5511), and

It is further ORDERED that Insurance Company of North America and Aetna Insurance Company shall not be permitted to participate in oral argument (see 22 NYCRR 1250.15 [c] [1]), and

It is further ORDERED that Insurance Company of North America and Aetna Insurance Company's motion seeking the admission pro hac vice is dismissed.

Entered: March 14, 2019

Mark W. Bennett, Clerk