Opinion
CA 19-01333
01-13-2020
LOUIS MICHAEL MAGNANO, PLAINTIFF-APPELLANT, v. ALLEGANY CO-OP INSURANCE COMPANY, DEFENDANT-RESPONDENT, ET AL., DEFENDANT.
PRESENT:
Respondent having moved to dismiss the appeal or, in the alternative, for an extension of time to file and serve a brief, and to adjourn oral argument of the appeal taken herein from an order of the Supreme Court, Erie County, entered January 2, 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 denied insofar as it seeks to dismiss the appeal without prejudice to a motion to settle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that the motion granted insofar as it seeks an extension of time to file and serve a respondent's brief and the time is extended to February 18, 2020, and
It is further ORDERED that the motion is granted insofar as it seeks to adjourn oral argument to the extent that the appeal is removed from the day calendar of February 25, 2020, and added to the term of this Court commencing March 30, 2020.
Entered: January 13, 2020
Mark W. Bennett
Clerk of the Court