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

DOCKET NOS. CA 08-01659 AND CA 08-01660

DAVID CANAZZI, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION, INC., DEFENDANT-APPELLANT.

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 Erie on February 7, 2008 and February 21, 2008, and appellant having cross-moved for a stay of the retrial of this action if the requested extension is granted,

Now, upon reading and filing the affirmation of John F. Collins dated October 8, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kimberly D. Gensler sworn to October 16, 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 on condition that the brief is filed and served on or before December 18, 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 January 5, 2009, and

It is further ORDERED that the cross motion be, and the same hereby is, denied..

Entered: October 28, 2008

JoAnn M. Wahl, Clerk