Carlson v. Am. Int'l Grp., Inc.

Full title: MICHAEL J. CARLSON, SR., INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE…

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

Date published: Jan 21, 2015

2015 N.Y. Slip Op. 61774 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 14-02027

01-21-2015

MICHAEL J. CARLSON, SR., INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, AND AS ASSIGNEE OF WILLIAM PORTER, PLAINTIFF-RESPONDENT-APPELLANT, v. AMERICAN INTERNATIONAL GROUP, INC., AIG DOMESTIC CLAIMS, INC., AMERICAN ALTERNATIVE INSURANCE CO., AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, DEFENDANTS-APPELLANTS-RESPONDENTS, AND DHL EXPRESS (USA), INC., FORMERLY KNOWN AS DHL WORLDWIDE EXPRESS, INC., DEFENDANT-RESPONDENT.

SCUDDER, P.J.

PRESENT: , CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.

Plaintiff having moved for an extension of time to perfect his cross appeal and an extension of time to file and serve a respondent's brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 25, 2014, and

Defendants-appellants-respondents having moved to dismiss plaintiff's cross appeal taken from the order entered June 25, 2014,

Now, upon reading and filing the affidavit of Angelo S. Gambino, Esq., sworn to December 16, 2014, the affirmation of Kevin D. Szczepanski, Esq., dated January 2, 2015, the notices of motion with proof of service thereof, and the affirmation of Paul Kovner, Esq., dated December 22, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion insofar as it seeks an extension of time to perfect his cross appeal is granted, and plaintiff shall perfect the appeal on or before February 20, 2015 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that plaintiff's motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before February 20, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in response to plaintiff's brief shall be filed and served on or before March 9, 2015, and

It is further ORDERED that defendants-appellants-respondents' motion is dismissed.

Entered: January 21, 2015

Frances E. Cafarell, Clerk