PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01388

PATRICIA KNIERY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL KNIERY, DECEASED, PLAINTIFF-RESPONDENT, V COTTRELL, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

Respondent having moved for an extension of time to file and serve a 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 March 7, 2008, and appellant having cross-moved for a stay of all proceedings pending the hearing and determination of the appeal,

Now, upon reading and filing the affidavit of John P. Feroleto sworn to July 9, 2008, the notice of motion with proof of service thereof, the affirmation of John J. Jablonski dated July 21, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of John P. Feroleto sworn to July 24, 2008, 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 September 15, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 30, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, denied (see Rhodes v Mosher, 115 AD2d 351 [1985]).

Entered: August 21, 2008

JoAnn M. Wahl, Clerk