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

DOCKET NO. CA 08-02158

JO-ANN EVANS-SMITH, ET AL., PLAINTIFFS, V WILMORITE, INC., EASTVIEW MALL HOLDINGS, LLC, DEFENDANTS-RESPONDENTS, KAUFMANN'S CAROUSEL, INC., MAY DEPARTMENT STORES INTERNATIONAL, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appellants having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on August 20, 2008, and respondents having cross-moved for extensions of time to file and serve their briefs,

Now, upon reading and filing the affidavit of Timothy J. Graber sworn to November 4, 2008, the notice of motion with proof of service thereof, the affidavit of Margaret E. Somerset sworn to November 13, 2008, the affirmation of Patrick B. Naylon dated November 13, 2008, the notices of cross motion with proof of service thereof, the reply affidavit of Timothy J. Graber dated November 20, 2008, and due deliberation having been had thereon,

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

It is further ORDERED that the cross-motions be, and the same hereby are, granted and respondents shall file and serve their briefs on or before December 15, 2008, and.

It is further ORDERED that the reply briefs, if any, shall be filed and served on or before January 5, 2009.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk