| ERIE INSURANCE COMPANY, AS SUBROGEE OF MAC'S PIZZERIA & GRILL CORP., - V CHILDREN'S PALACE CHILDCARE CENTER, INC. |
| Motion No: CA 23-00497 and CA 23-00498 and CA 23-00476 and CA 23-00477 |
| Slip Opinion No: 2024 NY Slip Op 63621(U) |
| Decided on February 26, 2024 |
| 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., BANNISTER, MONTOUR, GREENWOOD, AND NOWAK, JJ.
CA 23-00497 and CA 23-00498 and CA 23-00476 and CA 23-00477
| ERIE INSURANCE COMPANY, AS SUBROGEE OF MAC'S PIZZERIA
& GRILL CORP., PLAINTIFF-APPELLANT, ET AL., PLAINTIFFS, V CHILDREN'S PALACE CHILDCARE CENTER, INC., DEFENDANT,
DELL, INC., AND DELL, INC., DOING BUSINESS AS DELL COMPUTERS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ERIE
INSURANCE COMPANY, AS SUBROGEE OF MAC'S PIZZERIA & GRILL, CORP., PLAINTIFF-APPELLANT, ET AL.,
PLAINTIFFS, V CHILDREN'S PALACE CHILDCARE CENTER, INC., DEFENDANT- RESPONDENT, DELL, INC., AND DELL, INC., DOING
BUSINESS AS DELL COMPUTERS, INC., DEFENDANTS. (APPEAL NO. 2.) HARLEYSVILLE PREFERRED INSURANCE COMPANY
AND HARLEYSVILLE WORCESTER INSURANCE COMPANY, AS SUBROGEE OF G.W.P. LLC, DOING BUSINESS AS GATEWAY
PLAZA, PLAINTIFFS-APPELLANTS, V CHILDREN'S PALACE CHILDCARE CENTER, INC., DEFENDANT-RESPONDENT, ET AL.,
DEFENDANTS. (APPEAL NO. 2.) HARLEYSVILLE PREFERRED INSURANCE COMPANY AND HARLEYSVILLE WORCESTER INSURANCE
COMPANY, AS SUBROGEE OF G.W.P. LLC, DOING BUSINESS AS GATEWAY PLAZA, PLAINTIFFS-APPELLANTS, V CHILDREN'S
PALACE CHILDCARE CENTER, INC., DEFENDANT, DELL, INC., DOING BUSINESS AS DELL COMPUTER,
INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) |
Defendants-respondents Children's Palace Childcare Center, Inc., having moved to adjourn oral argument in the appeals taken herein from orders of the Supreme Court, Monroe County, entered February 23, 2023, March 3, 2023, March 2, 2023 and February 23, 2023,
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, and
It is further ORDERED that the appeals taken under CA 23-00497 and CA 23-00498 are removed from this Court's April 11, 2024 day calendar and the appeals taken under CA 23-00476 and CA 23-00477 are removed from the term of this Court commencing May 20, 2024, and are added to the term of this Court commencing October 15, 2024, to be argued together.
Entered: February 26, 2024
Ann Dillon Flynn
Clerk of the Court