Bennett v State Farm Fire and Casualty Company
Motion No: 2020-08026
Slip Opinion No: 2021 NY Slip Op 60770(U)
Decided on January 25, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275183

D/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2020-08026

Richard Bennett, et al., appellants-respondents,

v State Farm Fire and Casualty Company, et al.,

defendants, Creative Landscaping by Cow Bay, Inc.,

et al., respondents-appellants, Zurich American

Insurance Co., respondent (and other titles).

(Index No. 10385/2013)

DECISION & ORDER ON MOTION

Appeal and cross-appeals from an order of the Supreme Court, Nassau County, dated October 14, 2020.

On the Court's own motion, it is

ORDERED that so much of an order on application of this Court entitled "[i]n the Matter of Applications for Extensions of Time," dated January 13, 2021, as granted an application by Zurich American Insurance Co. pursuant to 22 NYCRR 1250.9(b) to extend the time to serve and file a brief is recalled and vacated; and it is further,

ORDERED that the application by Zurich American Insurance Co. pursuant to 22 NYCRR 1250.9(b) to extend the time to serve and file a brief is denied as premature.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court