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

DOCKET NO. CA 08-02182 AND CA 08-02183

ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, PLAINTIFF-APPELLANT, V TOM CHOJNACKI AND CHERYL CHOJNACKI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF DEREK CHOJNACKI, JAMES LOMMER, SR., AND MARIA LOMMER, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF JAMES LOMMER, JR., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1) ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, PLAINTIFF-APPELLANT, V JAMES LOMMER, SR. AND MARIA LOMMER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2)

Respondents James Lommer, Sr. and Maria Lommer 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 May 15, 2008 and August 28, 2009,

Now, upon reading and filing the affidavit of Michael B. Dixon sworn to March 20, 2009, the notice of motion with proof of service thereof, the affirmation of Leo T. Fabrizi dated March 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that all respondents' briefs are filed and served on or before June 10, 2009, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 25, 2009.

Entered: April 7, 2009

Patricia L. Morgan, Deputy Clerk