Benevolent & Protective Order of Elks of U.S. v. Creative Comfort Sys., Inc.

Full title: BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 17, 2018

2018 N.Y. Slip Op. 91554 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-01773

12-17-2018

BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC., PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC., AND ALL OTHER NAMED INSUREDS UNDER POLICY #12944761, PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS.

SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.

PRESENT:

Appellants having moved for an extension of time to file and serve a reply 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 April 10, 2018,

Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to December 4, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before January 7, 2019, and the Clerk is directed to accept the brief for filing.

Entered: December 17, 2018

Mark W. Bennett, Clerk