Seymour
v.
Beazer E., Inc.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkNov 30, 2012
2012 N.Y. Slip Op. 92535 (N.Y. App. Div. 2012)

DOCKET NO. CA 12-01809

11-30-2012

ANTHONY SEYMOUR, PLAINTIFF-RESPONDENT, v. BEAZER EAST, INC., DOMTAR CORPORATION AND HONEYWELL INTERNATIONAL, INC., DEFENDANTS-APPELLANTS, NIAGARA INSULATIONS, INC., ET AL., DEFENDANTS.


PRESENT: , P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 13, 2012, and

Appellants having cross-moved to expedite the appeal from the order entered August 13, 2012,

Now, upon reading and filing the affidavit of Dennis P. Harlow, Esq., sworn to October 26, 2012, the affirmation of Thomas S. D'Antonio, Esq., dated November 8, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file a respondent's brief is granted on the condition that the brief is filed and served on or before December 28, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 14, 2013, and

It is further ORDERED that the cross motion is denied.

Frances E. Cafarell, Clerk