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

DOCKET NO. CA 08-02156

RICHARD BARON AND MARCIA BARON, PLAINTIFFS-RESPONDENTS. V KLEWIN BUILDING COMPANY, INC., DEFENDANT-APPELLANT.

Respondents 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 August 12, 2008, and appellant having cross-moved to expedite oral argument of the appeal,

Now, upon reading and filing the affidavit of John A. Collins sworn to November 14, 2008, the notice of motion with proof of service thereof, the affidavit of Vincent G. Saccomando sworn to November 21, 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 January 5, 2009, 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 12, 2009, and

It is further ORDERED that the cross motion is hereby Granted and the appeal shall be added to the calendar for the term of this Court commencing January 12, 2009.

Entered: December 8, 2008

JoAnn M. Wahl, Clerk