PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

DOCKET NOS. CA 07-00958 AND CA 07-01581

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, V WILLIAM M. PORTER, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC. DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, V WILLIAM M. PORTER, ET AL, DEFENDANTS, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., AND DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Plaintiff-respondent having moved for an extension of time to file and serve a brief on the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 13, 2007 and June 14, 2007,

Now, upon reading and filing the affidavit of Michael R. Drumm sworn to

January 24, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before February 28, 2008, and the Clerk is directed to accept the brief for filing, and

DOCKET NO. CA 07-00958PAGE 2

PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 13, 2008.

Entered: February 4, 2008

JoAnn M. Wahl, Clerk