PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00872

ALICE ANDZEL AND STEPHEN ANDZEL, PLAINTIFFS-RESPONDENTS, V EDWARD C. COSGROVE AND EDWARD C. COSGROVE, ATTORNEYS AT LAW, DEFENDANTS-APPELLANTS.

Appellants having moved to strike respondents' brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 8, 2007, or for an extension of time to file and serve a reply brief, and respondents having cross-moved for an extension of time to file and serve their brief,

Now, upon reading and filing the affidavit of Edward C. Cosgrove sworn to May 29, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert Radman dated June 6, 2008, the notice of cross 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 to the extent that the reply brief may be filed and served on or before July 31, 2008, and the Clerk is directed to accept the reply brief for filing, and the motion is otherwise dismissed as unnecessary, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that respondents' brief is filed and served on or before July 1, 2008, and the Clerk is directed to accept the respondents' brief for filing.

Entered: June 17, 2008

JoAnn M. Wahl, Clerk