| GARY E. WARREN AND MARY WARREN V E.J. MILITELLO CONCRETE, INC. , AND VERIZON NEW YORK, INC. GARY E. WARREN AND MARY |
| Motion No: CA 18-01085 |
| Slip Opinion No: 2019 NY Slip Op 79758(U) |
| Decided on September 9, 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: CENTRA, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
CA 18-01085
CA 18-01821
| GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, V E.J.
MILITELLO CONCRETE, INC., ET AL., DEFENDANTS, AND VERIZON NEW YORK, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GARY E. WARREN AND
MARY WARREN, PLAINTIFFS-RESPONDENTS, V E.J. MILITELLO CONCRETE, INC., DESTRO & BROTHERS CONCRETE COMPANY, INC., AND HATCH MOTT
MACDONALD NY, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Plaintiffs having moved for permission to re-serve a respondents' brief on the appeal taken herein from an order of the Supreme Court, Erie County, entered August 30, 2018 (appeal No. 2), and having moved to adjourn the oral argument of appeal No. 2 and the appeal taken herein from an order and judgment entered August 18, 2017 (appeal No. 1),
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 denied insofar as it seeks to adjourn oral argument, and
It is further ORDERED that the motion is granted insofar as it seeks permission to re-serve a respondents' brief, and the brief shall be filed and served on before September 10, 2019, and
It is further ORDERED that the reply briefs, if any, shall be filed and served on or before September 20, 2019, and
It is further ORDERED that counsel for the plaintiffs shall not be permitted to participate in oral argument (see 22 NYCRR 1250.15 [c] [1]).
Entered: September 9, 2019
Mark W. Bennett
Clerk of the Court