Warren v. E.J. Militello Concrete, Inc.

Full title: GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, v. E.J. MILITELLO…

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

Date published: Sep 9, 2019

2019 N.Y. Slip Op. 79758 (N.Y. App. Div. 2019)

Opinion

CA 18-01085 CA 18-01821

09-09-2019

GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, v. E.J. MILITELLO CONCRETE, INC., ET AL., DEFENDANTS, AND VERIZON NEW YORK, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GARY E. WARREN AND MARY WARREN, PLAINTIFFS-RESPONDENTS, v. E.J. MILITELLO CONCRETE, INC., DESTRO & BROTHERS CONCRETE COMPANY, INC., AND HATCH MOTT MACDONALD NY, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

CENTRA, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

PRESENT:

Plaintiffs having moved for permission to re-serve a respondents' brief on the appeal taken herein from an order of the Supreme Court, Erie County, entered August 30, 2018 (appeal No. 2), and having moved to adjourn the oral argument of appeal No. 2 and the appeal taken herein from an order and judgment entered August 18, 2017 (appeal No. 1),

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 adjourn oral argument, and

It is further ORDERED that the motion is granted insofar as it seeks permission to re-serve a respondents' brief, and the brief shall be filed and served on before September 10, 2019, and

It is further ORDERED that the reply briefs, if any, shall be filed and served on or before September 20, 2019, and

It is further ORDERED that counsel for the plaintiffs shall not be permitted to participate in oral argument (see 22 NYCRR 1250.15 [c] [1]).

Entered: September 9, 2019

Mark W. Bennett

Clerk of the Court