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

DOCKET NOS. CA 09-00798, CA 09-00801, CA 09-00802, CA 09-00803, AND CA 09-00804

GARY M. DISCHIAVI AND LINDA DISCHIAVI, PLAINTIFFS-APPELLANTS, V WILLIAM S. CALLI, ROBERT CALLI, HERBERT CULLY, CALLI, CALLI AND CULLY, CALLI, CALLI AND CULLY, L.L.P., CALLI AND CALLI, L.P., ANDREW S. KOWALCZYK, JOSEPH STEPHEN DEERY, JR., THOMAS S. SOJA AND CALLI, KOWALCZYK, TOLLES, DEERY, DEFENDANTS-RESPONDENTS.

Respondent Thomas S. Soja having moved for an extension of time to file and serve a brief on the appeals taken from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 21, 2008, November 21, 2008, November 25, 2008, December 26, 2008, and January 12, 2009, and appellants having cross-moved for an extension of time to file and serve their reply brief, and for other relief,

Now, upon reading and filing the affirmation of Michael E. Getnick dated May 18, 2009, the notice of motion with proof of service thereof, the affirmation of Kevin A. Luibrand dated May 20, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Michael E. Getnick dated May 22, 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 the brief is filed and served on or before June 9, 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 does not exceed 50 pages and is filed and served on or before June 24, 2009 and the Clerk is directed to accept the reply brief for filing.

Entered: May 27, 2009

Patricia L. Morgan, Clerk