| THOMAS CARCIONE V ESSEX HOMES OF WNY, INC., AND ESSEX HOMES, INC. ESSEX HOMES OF WNY, INC., AND ESSEX HOMES, INC., - V |
| Motion No: CA 19-00577 |
| Slip Opinion No: 2019 NY Slip Op 78814(U) |
| Decided on September 3, 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. |
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRANT, AND TROUTMAN, JJ.
CA 19-00577
| THOMAS CARCIONE, PLAINTIFF-RESPONDENT, V ESSEX HOMES OF WNY,
INC., AND ESSEX HOMES, INC., DEFENDANTS-RESPONDENTS. ESSEX HOMES OF WNY, INC., AND ESSEX HOMES, INC., THIRD-PARTY
PLAINTIFFS-RESPONDENTS, V R.M. WICK, INC., THIRD-PARTY DEFENDANT-RESPONDENT. THE HARTFORD INSURANCE COMPANY,
WORKERS' COMPENSATION LIENHOLDER, APPELLANT. |
Appellant 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, Erie County, entered January 25, 2019,
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 granted to the extent that the time to file and serve a reply brief in response to the briefs filed by respondents Essex Homes of WNY, Inc., Essex Homes, Inc., and R.M. Wick, Inc. is extended to September 9, 2019, and
It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to file and serve a reply brief to plaintiff Thomas Carcione's brief.
Entered: September 3, 2019
Mark W. Bennett
Clerk of the Court