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

DOCKET NOS. CA 08-02263 AND CA 08-02264
JOHN F. NICASTRO, 1832-1840 MONROE AVE., LLC, AND 1848 MONROE AVE.,

JOHN T. NOTHNAGLE, INC., PLAINTIFF-RESPONDENT-APPELLANT, V PETER G. CHIARIELLO AND ELMER'S BRIGHTON GARAGE, INC., DEFENDANTS-APPELLANTS-RESPONDENTS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JOHN T. NOTHNAGLE, INC., PLAINTIFF-RESPONDENT, V PETER G. CHIARIELLO, ELMER'S BRIGHTON GARAGE, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Plaintiff having moved for an extension of time to file and serve a brief on the appeals taken from order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 9, 2008 and October 24, 2008, and defendants-respondents having cross-moved for an extension of time to file and serve a reply brief,

Now, upon reading and filing the affirmation of Jared P. Hirt dated March 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Carl L. Feinstock dated March 18, 2009, the affirmation of Robert F. Leone dated March 24, 2009, 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 plaintiff's brief is filed and served on or before May 29, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the reply brief is filed and served on or before June 29, 2009, the Clerk is directed to accept the reply brief for filing.

Entered: March 30, 2009

JoAnn M. Wahl, Clerk